Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 649

             (1)  If:

                     (a)  an application is made, or is purported to have been made, under subsection 643(1):

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

                             (ii)  on grounds that include that ground; and

                     (b)  either:

                              (i)  the respondent has moved for the dismissal of the application on the ground that the application is outside the jurisdiction of the Commission because the employee's employment was terminated for genuine operational reasons or for reasons that include genuine operational reasons; or

                             (ii)  it appears to the Commission, on the face of all the materials before it, that the employee's employment may have been terminated for genuine operational reasons or for reasons that include genuine operational reasons;

the Commission must hold a hearing to deal with the operational reasons issue before taking any further action in relation to the application, other than dealing with a matter on the papers as provided by section 645, 646, 647 or 648.

             (2)  If, as a result of the hearing, the Commission is satisfied that the operational reasons relied on by the respondent were genuine, the Commission must:

                     (a)  if subparagraph (1)(a)(i) applies--make an order dismissing the application; or

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

             (3)  Subject to any right of appeal to a Full Bench of the Commission, a finding by the Commission that it is not satisfied that the operational reasons relied on by the respondent were genuine is final and binding between the parties in any proceedings before the Commission.

             (4)  To avoid doubt, this section does not require the Commission to hold a hearing in relation to an application that has been dismissed under subsection 645(5) or 646(1).

             (5)  In this section:

"operational reasons" has the meaning given by subsection 643(9).