New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 83

83 Application of Part

(1) This Part applies to the dismissal of--

(a) any public sector employee, or

(b) any other employee, except an employee for whom conditions of employment are not set by an industrial instrument and whose annual remuneration is greater than $62,200 (or such greater amount as is prescribed by the regulations).

(1A) This Part applies to the dismissal of an employee even if the person was employed in this State under a Federal award. However, this Part does not apply to the dismissal of any such employee if--

(a) the person is entitled to make an application to Fair Work Australia with respect to the dismissal on the ground that it was harsh, unjust or unreasonable, or

(b) the person would have been entitled to make such an application but for the exclusion of the person from the relevant provisions of the Fair Work Act 2009 of the Commonwealth (being an exclusion of a kind referred to in subsection (2)).

(2) This Part does not apply to an employee who is exempted from this Part by the regulations. Any such regulation may only exempt specified classes of employees included in any of the following classes--

(a) employees engaged under a contract of employment for a specified period of time or a specific task,

(b) employees serving a period of probation or qualifying period,

(c) employees engaged on a casual basis for a short period,

(d) employees whose terms and conditions of employment are governed by special arrangements providing particular protection in respect of termination of employment either generally or in particular circumstances,

(e) employees in relation to whom the operation of the provisions of this Part causes or would cause substantial problems because of--

(i) their particular conditions of employment, or

(ii) the size or nature of the undertakings in which they are employed.

(3) This Part does not apply to the dismissal of any such employee who is an apprentice or trainee (other than an existing worker trainee) within the meaning of the Apprenticeship and Traineeship Act 2001 or any such employee who is the Secretary of a Department or a Public Service senior executive under the Government Sector Employment Act 2013 or an executive officer to whom Part 5 of the Police Act 1990 applies.

(4) This Part applies to the dismissal of an employee even though it occurred in the course of an industrial dispute and the Commission is otherwise authorised under this Act to order the reinstatement of the employee.

(5) In this Part--

"dismissal" includes--

(a) the threat of dismissal, and

(b) in the case of a public sector employee--dispensing with the services of the employee, dismissing the employee as a consequence of disciplinary proceedings against, or the commission of an offence by, the employee or annulling the appointment of the employee.

"Federal award" means--

(a) a modern award within the meaning of the Fair Work Act 2009 of the Commonwealth, or

(b) a Division 2B State award under Schedule 3A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth.

"industrial instrument" includes a Federal award.