Fair Work Commission

An agreement under s.789GJD ceases to have effect:

• on 28 October 2020, if the agreement is in place but the employer does not hold a 10% decline in turnover certificate for the quarter ending 30 September 2020, and
• on 28 February 2021, if the agreement is in place but the employer does not hold a 10% decline in turnover certificate for the quarter ending 31 December 2020.^[1]

Prior to 28 October 2020 and 28 February 2021 the employer must give the employee a written notice that explains whether the agreement will or will not cease to have effect on 28 October 2020 or 28 February 2021, as applicable. If the employer fails to give the written notice more than once, they may be liable to pay civil penalties.^[2]

The Federal Court may terminate an agreement under s.789GJD if it is satisfied that the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time.^[3]

An agreement about days or times of work can also be terminated in other ways, such as by agreement between the employer or employee.

An agreement under s.789GJD cannot apply on or after 29 March 2021.

References