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PARLIAMENTARY WORKPLACE REFORM (SET THE STANDARD MEASURES NO. 1) ACT 2022 (NO. 7, 2022) - SCHEDULE 1

   

Members of Parliament (Staff) Act 1984

1  At the end of Part I

Add:

3A   Relationship with Fair Work Acts

             (1)  This Act has effect subject to the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .

             (2)  Subsection (1) is not intended to imply anything about the relationship between this Act and any Act other than the Fair Work Act 2009 or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .

2  After subsection 16(3)

Insert:

          (3A)  The notice must specify the ground or grounds that are relied on for the termination.

Note 1:       The Fair Work Act 2009 has rules and entitlements that apply to termination of employment. See, for example, Parts 3-1 (general protections) and 3-2 (unfair dismissal) of that Act.

Note 2:       Additional rules or procedures to be followed in terminating the employment of a person under this Part may be set out in:

(a)    the agreement for the employment of the person; or

(b)    fair work instruments (within the meaning of the Fair Work Act 2009 ); or

(c)    determinations made under subsection 13(2) or 14(3) of this Act.

Note 3:       Termination of employment may be unlawful under anti-discrimination laws in certain circumstances.

3  After subsection 23(2)

Insert:

          (2A)  The notice must specify the ground or grounds that are relied on for the termination.

Note 1:       The Fair Work Act 2009 has rules and entitlements that apply to termination of employment. See, for example, Parts 3-1 (general protections) and 3-2 (unfair dismissal) of that Act.

Note 2:       Additional rules or procedures to be followed in terminating the employment of a person under this Part may be set out in:

(a)    the agreement for the employment of the person; or

(b)    fair work instruments (within the meaning of the Fair Work Act 2009 ); or

(c)    determinations made under subsection 20(2) or 21(3) of this Act.

Note 3:       Termination of employment may be unlawful under anti-discrimination laws in certain circumstances.



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