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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 (Fair Dismissal Reform) 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
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 (Fair
Dismissal Reform) Act 2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedule 1 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
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repealed as set out in the applicable items in the Schedule concerned, and any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 Subsection 170CE(1)
Omit “subsections (5) and (5A)”, substitute
“subsections (5), (5A) and (5C)”.
2 Before subsection 170CE(6)
Insert:
(5C) 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, if, at the relevant time, the employer employed less than 20 people,
including:
(a) the employee whose employment was terminated; and
(b) any casual employee who had been engaged by the employer on a regular
and systematic basis for at least 12 months;
but not including any other casual employee.
(5D) However, subsection (5C) does not apply if:
(a) the employee was, at the relevant time, an apprentice; or
(b) 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.
(5E) In subsections (5C) and (5D):
relevant time means 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.
(5F) The definition of trainee in subsection 170CD(1) does
not affect paragraph (5D)(b) of this section.
3 After section 170CEA
Insert:
(1) If:
(a) an application is made, or is purported to have been made, under
subsection 170CE(1):
(i) on the ground referred to in paragraph 170CE(1)(a); or
(ii) on grounds that include that ground; and
(b) the Commission is satisfied that, because of subsection 170CE(5C), the
application cannot be made under subsection 170CE(1) on the ground referred to
in paragraph 170CE(1)(a), or on grounds that include that ground;
the Commission must:
(c) if subparagraph (a)(i) of this subsection applies—make an
order that the application is not a valid application; or
(d) if subparagraph (a)(ii) of this subsection applies—make an
order that the application is not a valid application to the extent that it is
made on that ground.
Note: The Commission is not required to hold a hearing in
relation to the making of such an order: see
subsection (2).
(2) The Commission is not required to hold a hearing in relation to the
making of an order under this section. In deciding whether to hold a hearing,
the Commission must take into account the cost that would be caused to the
employer’s business by requiring the employer to attend a
hearing.
(3) Before making an order under this section, the Commission may, by
notice in writing, request the employee or employer to provide further
information in relation to the application within a period specified in the
notice.
(4) In deciding whether to make an order under this section, the
Commission must have regard to any further information received within that
period.
4 After subsection 170JD(3)
Insert:
(3A) This section does not apply to an order under section 170CEB
(about termination of employment by an employer in small business).
5 After subsection 170JF(2)
Insert:
(2A) An appeal to a Full Bench under section 45 may not be made in
relation to an order under section 170CEB (about termination of employment
by an employer in small business).
6 Application of amendments
The amendments made by items 1 to 5 only apply in relation to an
application under section 170CE of the Workplace Relations Act 1996
if the employment to which the application relates commenced after the
commencement of those items.