Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 645

             (1)  A respondent may move for the dismissal of an application under section 643 on the ground that the application is outside the jurisdiction of the Commission at any time, including a time before the Commission has begun dealing with the application.

             (2)  If:

                     (a)  the respondent moves for the dismissal of an application on such a ground and has not previously so moved; and

                     (b)  the respondent so moves before the matter is referred for conciliation by the Commission;

the Commission must deal with the motion before taking any action, or any further action, on that application, unless the respondent indicates that the matter may be dealt with at a later time.

             (3)  If the respondent moves for the dismissal of an application on such a ground, having already so moved on a previous occasion, the Commission must deal with the motion but may do so at any time it considers appropriate.

             (4)  If a respondent has moved for the dismissal of an application made, or purported to have been made, under subsection 643(1):

                     (a)  on the ground referred to in paragraph 643(1)(a); or

                     (b)  on grounds that include that ground;

subsection (5) applies to the application.

             (5)  If the Commission is satisfied that an application to which this subsection applies cannot be made under subsection 643(1) on the ground referred to in paragraph 643(1)(a):

                     (a)  because the employee is excluded from the operation of Subdivision B by section 638; or

                     (b)  because of the operation of subsection 643(6) (which relates to qualifying periods); or

                     (c)  because of the operation of subsection 643(10) (which relates to employers of 100 employees or fewer);

the Commission must:

                     (d)  if paragraph (4)(a) applies--make an order dismissing the application; or

                     (e)  if paragraph (4)(b) applies--make an order dismissing the application to the extent that it is made on the ground referred to in paragraph 643(1)(a).

             (6)  If:

                     (a)  a respondent has moved for the dismissal of an application to which subsection (5) applies; and

                     (b)  the Commission is not satisfied as mentioned in paragraph (5)(a), (b) or (c) in relation to the application;

the Commission must make an order refusing the motion for dismissal.

             (7)  The Commission is not required to hold a hearing in relation to the making of an order under subsection (5) or (6).