FAIR WORK ACT 2009 - SECT 530 Employer to notify Centrelink of certain proposed dismissals

FAIR WORK ACT 2009 - SECT 530

  (1)   If an employer decides to dismiss 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons, the employer must give a written notice about the proposed dismissals to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink).

  (2)   The notice must be in the form (if any) prescribed by the regulations and set out:

  (a)   the reasons for the dismissals; and

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

  (c)   the time when, or the period over which, the employer intends to carry out the dismissals.

  (3)   The notice must be given:

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

  (b)   before dismissing an employee in accordance with the decision.

  (4)   The employer must not dismiss an employee in accordance with the decision unless the employer has complied with this section.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).

  (5)   The orders that may be made under subsection   545(1) in relation to a contravention of subsection   (4) of this section:

  (a)   include an order requiring the employer not to dismiss the employees in accordance with the decision, except as permitted by the order; but

  (b)   do not include an order granting an injunction.