Ways to terminate an individual agreement (IABTI)

Under the Workplace Relations Act 1996, some employees had individual agreements. They were:

• Australian Workplace Agreements (AWAs)
• Individual Transitional Employment Agreements (ITEAs)
• preserved individual state agreements
• pre-reform AWAs.

We refer to these as IABTIs (individual agreement-based transitional instruments).

Under the Fair Work Act 2009, all agreements continue after their nominal expiry date. Agreements made before 2009 continue as ‘agreement-based transitional instruments’. The Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 allows this.

The employer and employee may decide they want to end an individual agreement. They need to write a ‘termination agreement’.

What to include in a termination agreement

Write the agreement in English. It should include:

• the name of the employer
• the name of the employee
• the AWA or ITEA identification number
• the employee's date of birth.

It must also state that both parties:

• agree to the termination
• know the termination takes effect on the date of the decision.

The agreement is ready to submit when:

• both parties sign and date it
• witnesses sign and date it.

If the employee is under 18, their parent or guardian must also sign the agreement.

Apply for a termination agreement

A termination agreement has no effect unless the Commission approves it. A person who the agreement covers must apply to us.

Within 14 days after you make the agreement, use Form F29 to apply to terminate an agreement.

Either the employer or the employee may apply to end an agreement that covers them. This is a ‘unilateral termination’.

The party who wants to end the agreement must write a 'Notice of intention to end the AWA or ITEA'. This is also known as the 'Subitem 19(3) Notice'.

What to include in the notice

Write the notice of intention in English. It must include:

• the name of the employer
• the name of the employee
• the AWA or ITEA identification number
• the employee's date of birth.

The Notice must also state that:

• the employer or employee wants to end the transitional instrument
• the employer or employee will apply to the Commission to approve the termination
• if approved, the agreement will end 90 days after the Commission’s decision.

Apply for a unilateral termination

The person who writes the notice must give a copy to the other party. At least 14 days later, a person the agreement covers may apply.

The person who writes the Notice must also write a declaration stating that:

• they wish to end the AWA or ITEA
• they served the notice on the other party (and the date)
• the notice in the application is an exact copy of the notice they served.

Use Form F29 to apply to terminate an agreement.

Employers and employees may apply for a conditional termination. This ends an AWA or ITEA only if:

• a proposed agreement covers the employee and the employer
• the proposed agreement comes into operation

What to include in the conditional termination

Write the conditional termination in English. It must include:

• the title ‘Conditional termination of AWA or ITEA’
• the name of the employer
• the name of the employee
• the employee's date of birth
• the AWA or ITEA identification number
• the nominal expiry date of the AWA or ITEA.

The termination must also state that the AWA or ITEA ends when the proposed agreement starts.

The conditional termination is only ready to submit to us when:

• both parties sign and date it
• witnesses sign and date it.

If the employee is under 18 years of age, their parent or guardian must also sign the agreement.

Apply for a conditional termination

A person the agreement covers must apply. They can only apply after the employer gives the employee a copy of the conditional termination.

Use Form F29 to apply to terminate an agreement.