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WORKPLACE RELATIONS AMENDMENT (UNFAIR DISMISSALS) BILL 1998

1998

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES




Presented and read a first time









Workplace Relations Amendment (Unfair Dismissals) Bill 1998

No. , 1998

(Employment, Workplace Relations and Small Business)



A Bill for an Act to amend the Workplace Relations Act 1996

ISBN: 0642 377456

Contents

Workplace Relations Act 1996 3

A Bill for an Act to amend the Workplace Relations Act 1996

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Workplace Relations Amendment (Unfair Dismissals) Act 1998.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment relating to unfair dismissals

Workplace Relations Act 1996

1 Subsection 170CE(5)

Repeal the subsection, substitute:

(5) An application under subsection (1) may not be made on the ground referred to in paragraph (1)(a), or on grounds that include that ground, unless, under subsection 170CB(1), Subdivision B applies to the application and:

(a) the employee was first employed by the employer before the commencement of the Workplace Relations Amendment (Unfair Dismissals) Act 1998; or

(b) if the employee was first employed by the employer on or after the commencement of the Workplace Relations Amendment (Unfair Dismissals) Act 1998—at least one of the following subparagraphs is satisfied:

(i) the employee was, at the relevant time, an apprentice; or

(ii) the employee was, at the relevant time, a trainee under a traineeship in respect of which he or she had signed a training agreement registered with a State or Territory training authority; or

(iii) the requirements of subsection (5A) were satisfied in relation to the employment at the relevant time.

For this purpose, the relevant time is the time when the employer gave the employee notice of the termination, or the time when the employer terminated the employee’s employment, whichever happened first.

(5A) For the purposes of subparagraph (5)(b)(iii), the requirements to be satisfied are:

(a) the employee had, at the relevant time, completed at least 6 months of continuous service with the employer; and

(b) the employer employed more than 15 people at the relevant time, counting:

(i) the employee whose employment was terminated; and

(ii) any casual employee who had been engaged on a regular and systematic basis for a sequence of periods of employment of at least 12 months;

but not counting any other casual employee.

For the purposes of paragraph (a), the regulations may prescribe events or other matters that must be disregarded, or must in prescribed circumstances be disregarded, in ascertaining a period of continuous service.

(5B) An application under subsection (1) may not be made on a ground referred to in paragraph (1)(b) unless Subdivision C applies to that application.

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