Application to RESCIND an Enterprise Agreement

South Australian Employment Tribunal

Form A42 – Application to RESCIND AN Enterprise agreement

Form A42

Application to RESCIND AN Enterprise agreement

Case Number
(SAET use only)

About this form

This is the approved form to apply for SAET to rescind an enterprise agreement in accordance with section 84 of the Fair Work Act 1994.
Submitting an incomplete form (including any relevant supporting documents) may result in delays.
A copy of this application is to be provided by the applicant to all other parties bound by the agreement (or their representatives).

About the Agreement to be RECINDED

(i) Title of Agreement sought to be rescinded:

(ii) Original File Number:

Person/Organisation Filing Application

Name: ......

Contact: ......

(for corporations/organisations, include a contact person name)

Representative of (if applicable): ......

Address: ......

......

Telephone: ...... Facsimile: ......

Email: ......

The Application

Application is made by the parties listed herein, for the rescission of the said Enterprise Agreement pursuant to Section 84 as follows:

(mark only the relevant category)

To give effect to an agreed Rescission – Section 84 (3).

Complete all parts.

To seek the rescission after the term of the agreement has expired - Section 84 (4).

Complete all parts (including Part 5 if relevant).

PART 1: The Parties to the Application

This application is made by or on behalf of the following parties:

(tick only the relevant category)

Both the employer and the group of employees.

The employer.

A Registered Association with at least one member subject to the Agreement.

An employee or the group of employees bound by the Agreement.

PART 2: About the Employer Parties to the Agreement

(Note: If more than one in each category, attach a separate sheet listing all employers and detailing the information sought below.)

(i) Name of employer(s):

Include trading names (if any).

(ii) Full Address:

(iii) Contact person: ...... Position: ......

(someone with authority to speak about the agreement on behalf of the employer)

(iv) Work Address of Contact Person:

Work Telephone number: ( ) ......

Work Facsimile number: ( ) ......

Email: ......

PART 3: About the Employee Parties to the Agreement

(i)State total number of employees covered by the Agreement at the time of this application.

Of the total number, how many employees are:

Males

Females

Have a first language

other than English

(ii)Are the employees represented by a Registered Association or agent?

If you have answered YES to the above:

(iii) State the name and address of the association(s)/agent(s).

(iv) Employee representative or Registered Association contact person(s)

Name: ......

Phone: ...... Fax: ......

Email: ......

Name: ......

Phone: ...... Fax: ......

Email: ......

PART 4: Circumstances of the Approved Agreement

(i)At what date is/was the term of the Agreement due to expire?

(See Section 84(3) and 84(4).)

(ii) What are the circumstances leading to the application to rescind?

PART 5: Employee Approval of the Rescission (where appropriate)

(i) Describe how the employees were informed of the proposed rescission.

(ii)Have a majority of employees approved the Rescission (see section 84((6)(a))?

(iii)What percentage of employees approved the Rescission?

(iv)Describe how and when employees approved of the Rescission (eg. secret ballot, general meeting(s), by an authorised committee etc.)

(v)Do any of the employees suffer from an intellectual disability that prevented them from having a proper understanding of the negotiations?

If YES, please specify the measures to provide representation for such employees:

PART 6: Signature of Application by or on Behalf of the Employer/s (if a party to this application)

I (We) declare that all of the facts in this application are true and accurate to the best of my (our) knowledge and belief: