Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 786

  (1)   The FWC may make an order under subsection   787(1) if it is satisfied that:

  (a)   an employer has decided to terminate the employment of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons; and

  (b)   the employer has not complied with subsection   (2) (which deals with notifying relevant registered employee associations) or subsection   (3) (which deals with consulting relevant registered employee associations); and

  (c)   the employer could reasonably be expected to have known, when he or she made the decision, that one or more of the employees were members of a registered employee association.

Notifying relevant registered employee associations

  (2)   An employer complies with this subsection if:

  (a)   the employer notifies each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, of the following:

  (i)   the proposed terminations and the reasons for them;

  (ii)   the number and categories of employees likely to be affected;

  (iii)   the time when, or the period over which, the employer intends to carry out the terminations; and

  (b)   the notice is given:

  (i)   as soon as practicable after making the decision; and

  (ii)   before terminating an employee's employment in accordance with the decision.

Consulting relevant registered employee associations

  (3)   An employer complies with this subsection if:

  (a)   the employer gives each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:

  (i)   measures to avert or minimise the proposed terminations; and

  (ii)   measures (such as finding alternative employment) to mitigate the adverse effects of the proposed terminations; and

  (b)   the opportunity is given:

  (i)   as soon as practicable after making the decision; and

  (ii)   before terminating an employee's employment in accordance with the decision.