WORKPLACE RELATIONS ACT 1996 - SECT 668 Orders by Commission where employer fails to consult trade union about terminations

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 668

             (1)  Subsection (2) applies if the Commission is satisfied that an employer has, on or after 26 February 1994, 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 that:

                     (a)  the employer did not, as soon as practicable after so deciding and in any event before terminating an employee's employment pursuant to the decision, inform each trade union of which any of the employees was a member, and which represented the industrial interests of such of those employees as were members, about:

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

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

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

                     (b)  the employer did not, as soon as practicable after so deciding and in any event before terminating an employee's employment pursuant to the decision, give each such trade union an opportunity to consult with the employer on:

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

                             (ii)  measures (such as finding alternative employment) to mitigate the adverse effects of the termination or terminations.

             (2)  Subject to subsection (3), the Commission may make whatever orders it thinks appropriate, in the public interest, in order to put the employees whose employment was terminated pursuant to the decision, and each such trade union, in the same position (as nearly as can be done) as if:

                     (a)  if paragraph (1)(a) applies--the employer had so informed the trade union; and

                     (b)  if paragraph (1)(b) applies--the employer had so given the trade union such an opportunity.

             (3)  The power to make orders under subsection (2) does not include the power to make orders for any of the following:

                     (a)  reinstatement of an employee;

                     (b)  withdrawal of a notice of termination if the notice period has not expired;

                     (c)  payment of an amount in lieu of reinstatement;

                     (d)  payment of severance pay;

                     (e)  disclosure of confidential information or commercially sensitive information relating to the employer, unless the recipient of such information gives an enforceable undertaking not to disclose the information to any other person;

                      (f)  disclosure of personal information relating to a particular employee, unless the employee has given written consent to the disclosure of the information and the disclosure is in accordance with that consent.

             (4)  Subsections (1) and (2) do not apply in relation to a trade union if the employer could not reasonably be expected to have known at the time of the decision that one or more of the employees were members of the trade union.

             (5)  For the purposes of subsection (3), commercially sensitive information , confidential information and personal information have their ordinary meanings unless the regulations provide otherwise.