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WORKPLACE RELATIONS ACT 1996 - SECT 384 Providing employees with information statement

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 384

Providing employees with information statement

             (1)  If an employer intends to have the termination of a workplace agreement approved under section 386, the employer must take reasonable steps to ensure that all eligible employees in relation to the termination are given an information statement at or before the start of the period of 7 days ending when the termination is approved.

             (2)  Despite subsection (1), if the relevant workplace agreement is a collective agreement and a person becomes an eligible employee at a time during the period mentioned in subsection (1), the employer must take reasonable steps to ensure that the person is given an information statement at or before that time.

             (3)  The information statement mentioned in subsections (1) and (2) must contain:

                     (a)  information about the time at which and the manner in which the approval will be sought under section 386; and

                     (b)  if the relevant workplace agreement is an ITEA--information about the effect of section 334 (which deals with bargaining agents); and

                     (c)  any other information that the Workplace Authority Director requires by notice published in the Gazette .

Contravention--information statement

             (4)  An employer contravenes this subsection if:

                     (a)  the employer lodges a declaration to terminate a workplace agreement; and

                     (b)  the employer failed to comply with subsection (1) or (if applicable) subsection (2) in relation to the termination.

             (5)  Subsection (4) is a civil remedy provision.

Note:          See Division 11 for provisions on enforcement.

             (6)  An employer cannot contravene subsection (4) more than once in relation to the lodgment of a particular termination.