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Workplace Relations Amendment (Small Business Employment Protection) Bill 2005

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2004-2005

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Workplace Relations Amendment (Small Business Employment Protection) Bill 2004

 

 

(1)     Schedule 1, item 9, page 7 (lines 9 to 20), omit the item, substitute:

9  Transitional—eligible instruments

Item applies to eligible instruments with small business redundancy pay requirements just before commencement

(1)       This item applies if, just before the commencement of this Schedule, an eligible instrument contained provisions requiring some or all (the affected employers ) relevant employers that employ fewer than 15 employees to pay redundancy pay.

Eligible instruments that began to provide for small business redundancy pay between 26 March 2004 and commencement

(2)       If:

                     (a)  the eligible instrument was made before 26 March 2004 and just before 26 March 2004 the eligible instrument did not contain provisions requiring the affected employers to pay redundancy pay; or

                     (b)  the eligible instrument was made on or after 26 March 2004;

then, from the commencement of this Schedule, the provisions do not have the effect of requiring any affected employers to pay redundancy pay.

Eligible instruments where Federal award suppressed a small business redundancy pay requirement that was present just before 26 March 2004

(3)       If:

                     (a)  just before 26 March 2004, the eligible instrument contained provisions requiring the affected employers to pay redundancy pay; and

                     (b)  only because of a Federal award, the provisions did not, just before the commencement of this Schedule, have the effect of requiring a particular affected employer to pay redundancy pay;

then the provisions do not, at or at any time after the commencement of this Schedule, have that effect in relation to the particular affected employer.

Eligible instruments where certified agreement or AWA suppressed a small business redundancy pay requirement that was present just before 26 March 2004, and a Federal award would also have had that effect

(4)       If:

                     (a)  just before 26 March 2004, the eligible instrument contained provisions requiring the affected employers to pay redundancy pay; and

                     (b)  just before the commencement of this Schedule:

                              (i)  only because of a certified agreement or an AWA, the provisions did not have the effect of requiring a particular affected employer to pay redundancy pay; and

                             (ii)  disregarding the certified agreement or the AWA, the provisions would still not have had that effect, and this would have been so only because of a Federal award;

then the provisions do not, at or at any time after the commencement of this Schedule, have that effect in relation to the particular affected employer.

Eligible instruments where small business redundancy pay requirement was present just before 26 March 2004 and a future Federal award starts to apply

(5)       If:

                     (a)  just before 26 March 2004, the eligible instrument contained provisions requiring the affected employers to pay redundancy pay; and

                     (b)  neither subitem (3) nor subitem (4) applies; and

                     (c)  the eligible instrument contains the provisions from the commencement of this Schedule until a later time (the award time ) when a particular affected employer becomes bound by a Federal award; and

                     (d)  the Federal award applies in relation to some or all (the affected employees ) of the particular affected employer’s employees to whom the requirement to pay redundancy pay relates;

then, from the award time, the provisions do not have the effect of requiring the particular affected employer to pay redundancy pay in respect of the affected employees.

Definitions

(6)       In this item:

eligible instrument has the meaning given by subsection 167(1) of the Workplace Relations Act 1996 as inserted by item 5 of this Schedule.

Federal award means an award under the Workplace Relations Act 1996 .

relevant employer has the meaning given by subsection 167(4) of that Act as inserted by item 5 of this Schedule.

[ transitional effect on eligible instruments]