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Workplace Relations Amendment Bill 1997 [No. 2]
Schedule 1 Amendments relating to unfair dismissals


Workplace Relations Act 1996

1  Subsection 170CE(1)

Omit “subsection (5)”, substitute “subsections (5) and (5A)”.

2  After subsection 170CE(5)


          (5A)  An application under subsection (1) may not be made on the ground referred to in paragraph (1)(a), or on grounds that include that ground, by an employee (other than an apprentice) whose employment has been terminated by the employer if:

                     (a)  the employee was first employed by the employer on or after the commencement of the Workplace Relations Amendment Act 1997 ; and

                     (b)  subsection (5B) applies to the employer.

          (5B)  This subsection applies to an employer for the purposes of subsection (5A) if, at the time when the employer:

                     (a)  gave the employee notice of the termination; or

                     (b)  terminated the employee’s employment;

whichever happened first, the employer employed no more than 15 people, counting:

                     (c)  the employee whose employment was terminated; and

                     (d)  any casual employee who had been engaged on a regular and systematic basis for a sequence of periods of employment of at least 12 months;

but not counting any other casual employee.