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Workplace Relations Amendment (Unfair Dismissals) Bill 1998
Schedule 1 Amendment relating to unfair dismissals

   

Workplace Relations Act 1996

1  Subsection 170CE(5)

Repeal the subsection, substitute:

             (5)  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, unless, under subsection 170CB(1), Subdivision B applies to the application and:

                     (a)  the employee was first employed by the employer before the commencement of the Workplace Relations Amendment (Unfair Dismissals) Act 1998 ; or

                     (b)  if the employee was first employed by the employer on or after the commencement of the Workplace Relations Amendment (Unfair Dismissals) Act 1998 —at least one of the following subparagraphs is satisfied:

                              (i)  the employee was, at the relevant time, an apprentice; or

                             (ii)  the employee was, at the relevant time, a trainee under a traineeship in respect of which he or she had signed a training agreement registered with a State or Territory training authority; or

                            (iii)  the requirements of subsection (5A) were satisfied in relation to the employment at the relevant time.

For this purpose, the relevant time is the time when the employer gave the employee notice of the termination, or the time when the employer terminated the employee’s employment, whichever happened first.

          (5A)  For the purposes of subparagraph (5)(b)(iii), the requirements to be satisfied are:

                     (a)  the employee had, at the relevant time, completed at least 6 months of continuous service with the employer; and

                     (b)  the employer employed more than 15 people at the relevant time, counting:

                              (i)  the employee whose employment was terminated; and

                             (ii)  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.

For the purposes of paragraph (a), the regulations may prescribe events or other matters that must be disregarded, or must in prescribed circumstances be disregarded, in ascertaining a period of continuous service.

          (5B)  An application under subsection (1) may not be made on a ground referred to in paragraph (1)(b) unless Subdivision C applies to that application.