[BIL104-B.HAL]

House of Assembly—No. 99

[As laid on the table and read a first time, 27 November 2002]

South Australia

[Prepared by the Parliamentary Counsel on the instructions of the Hon. I.F. Evans, M.P.]

INDUSTRIAL AND EMPLOYEE RELATIONS (EXEMPTION OF SMALL BUSINESS) AMENDMENT BILL 2002

A Bill For

An Act to amend the Industrial and Employee Relations Act 1994.

[OPC-H73]

SUMMARY OF PROVISIONS

1.Short title

2.Commencement

3.Amendment of s. 105A—Application of this Part

The Parliament of South Australia enacts as follows:

Short title

1. (1) This Act may be cited as the Industrial and Employee Relations (Exemption of Small Business) Amendment Act 2002.

(2) The Industrial and Employee Relations Act 1994 is referred to in this Act as "the principal Act".

Commencement

2. This Act will come into operation 1 month after assent.

Amendment of s. 105A—Application of this Part

3. Section 105A of the principal Act is amended by striking out subsection (1) and substituting the following subsection:

(1) This Part does not apply to—

(a)a non-award employee whose remuneration immediately before the dismissal took effect is $66 200 (indexed) or more a year; or

(b) an employee who—

(i)was, at the relevant time, employed in a small business; and

(ii)has, at the relevant time, been employed in the business on a regular and systematic basis for less than 12 months.

The relevant time is, if notice of dismissal is given, the time the notice is given and, if not, the time the dismissal takes effect.

A small business is the business of an employer who, at the relevant time, employs not more than 15 employees in the business (disregarding casual employees who are not employed on a regular and systematic basis). However, if an employer or a group of associated employers divide a business in which more than 15 employees are employed into a number of separate businesses, a business resulting from the division is not to be regarded as a small business even though not more than 15 employees are employed in the business.

By Authority: J. D. Ferguson, Government Printer, South Australia