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This is a Bill, not an Act. For current law, see the Acts databases.
2004
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Workplace
Relations Amendment (Small Business Employment Protection) Bill
2004
No. ,
2004
(Employment and Workplace
Relations)
A Bill for an Act to amend the
Workplace Relations Act 1996, and for related
purposes
Contents
Workplace Relations Act
1996 3
A Bill for an Act to amend the Workplace Relations Act
1996, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Workplace Relations Amendment (Small
Business Employment Protection) Act 2004.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Paragraph 89A(2)(m)
Repeal the paragraph, substitute:
(m) redundancy pay by an employer of 15 or more employees;
2 Subsection 89A(7)
Omit “Subsection (1)”, substitute “Subject to
subsection (7A), subsection (1)”.
3 After subsection 89A(7)
Insert:
(7A) In spite of subsection (7), subsection (1) excludes from an
industrial dispute the matter of redundancy pay by an employer of fewer than 15
employees.
4 After subsection 89A(8)
Insert:
Interpretation—redundancy pay provisions
(8A) For the purposes of paragraph (2)(m) and
subsection (7A):
(a) whether an employer employs 15 or more employees, or fewer than 15
employees, is to be worked out as at the time (the relevant
time):
(i) when notice of the redundancy is given by the employer or by the
employee who becomes redundant; or
(ii) when the redundancy occurs;
whichever happens first; and
(b) a reference to employees includes a reference to:
(i) the employee who becomes redundant and any other employee who becomes
redundant at the relevant time; and
(ii) any casual employee who, at the relevant time, has been engaged by
the employer on a regular and systematic basis for at least 12 months (but not
including any other casual employee).
5 After Part VI
Insert:
(1) This section applies to a State law, a State award, a State authority
order or a Territory law (each of which is an eligible
instrument).
(2) If an eligible instrument would, apart from this section, have the
effect of requiring a relevant employer that employs fewer than 15 employees to
pay redundancy pay, the eligible instrument does not have that effect.
(3) For the purposes of subsection (2):
(a) whether a relevant employer employs fewer than 15 employees is to be
worked out as at the time (the relevant time):
(i) when notice of the redundancy is given by the employer or by the
employee who becomes redundant; or
(ii) when the redundancy occurs;
whichever happens first; and
(b) a reference to employees includes a reference to:
(i) the employee who becomes redundant and any other employee who becomes
redundant at the relevant time; and
(ii) any casual employee who, at the relevant time, has been engaged by
the relevant employer on a regular and systematic basis for at least 12 months
(but not including any other casual employee).
(4) In this section:
relevant employer means:
(a) in the case of a State law, a State award or a State authority
order—a constitutional corporation; or
(b) in the case of a Territory law—any employer.
State authority order means an order made, or any other thing
done, by a State industrial authority.
State law means a law of a State (including any regulations
or other instruments made under a law of a State), but does not include a State
employment agreement.
Territory law means a law of a Territory (including any
regulations or other instruments made under a law of a Territory).
6 At the end of
section 170FA
Add:
(3) In so far as an order is made for the purposes of Article 12 of that
Convention, the Commission must not make an order in relation to the matter of
redundancy pay by an employer of fewer than 15 employees.
(4) For the purposes of subsection (3):
(a) whether an employer employs fewer than 15 employees is to be worked
out as at the time (the relevant time):
(i) when notice of the redundancy is given by the employer or by the
employee who becomes redundant; or
(ii) when the redundancy occurs;
whichever happens first; and
(b) a reference to employees includes a reference to:
(i) the employee who becomes redundant and any other employee who becomes
redundant at the relevant time; and
(ii) any casual employee who, at the relevant time, has been engaged by
the employer on a regular and systematic basis for at least 12 months (but not
including any other casual employee).
7 Application
(1) The amendments made by items 1 to 4 apply to:
(a) dealing with an industrial dispute by arbitration after the
commencement of this Schedule; and
(b) preventing or settling an industrial dispute by making an award or
order after the commencement of this Schedule; and
(c) maintaining the settlement of an industrial dispute by varying an
award or order after the commencement of this Schedule;
whether the industrial dispute arose before or arises after the
commencement of this Schedule.
(2) The amendment made by item 5 applies to:
(a) an eligible instrument made after the commencement of this Schedule
that has the effect mentioned in subsection 167(2) of the Workplace Relations
Act 1996 as inserted by that item; and
(b) an eligible instrument, made before or after the commencement of this
Schedule, that is amended or varied after the commencement of this Schedule with
the result that it has that effect.
(3) The amendment made by item 6 applies to the making of
orders after the commencement of this Schedule.
8 Transitional—awards and orders of the
Commission
(1) If, during the period from the start of 26 March 2004 until the
commencement of this Schedule, the Commission:
(a) made an award or order that had the effect of requiring an employer of
fewer than 15 employees to pay redundancy pay; or
(b) varied an award or order, made before or during that period, with the
result that it had that effect;
then, from the commencement of this Schedule, the award or order ceases to
have that effect.
(2) For the purposes of paragraph (1)(a):
(a) whether an employer employs fewer than 15 employees is to be worked
out as at the time (the relevant time):
(i) when notice of the redundancy is given by the employer or by the
employee who becomes redundant; or
(ii) when the redundancy occurs;
whichever happens first; and
(b) a reference to employees includes a reference to:
(i) the employee who becomes redundant and any other employee who becomes
redundant at the relevant time; and
(ii) any casual employee who, at the relevant time, has been engaged by
the employer on a regular and systematic basis for at least 12 months (but not
including any other casual employee).
9 Transitional—eligible
instruments
If, during the period from the start of 26 March 2004 until the
commencement of this Schedule:
(a) an eligible instrument within the meaning of subsection 167(1) of the
Workplace Relations Act 1996 as inserted by item 5 of this Schedule
was made having the effect mentioned in subsection 167(2) of that Act as
inserted by that item; or
(b) an eligible instrument made before or during that period was amended
or varied with the result that it had that effect;
then, from the commencement of this Schedule, the eligible instrument
ceases to have that effect.
10 Protection of existing
entitlements
Nothing in this Schedule, or an amendment made by this Schedule, affects
any entitlement to a payment that had arisen before the commencement of this
Schedule.