(1) The Commission may, after consideration of a report under section 11 and
such inquiry as it thinks proper, make orders as to any or all of the
following matters:
(a) requiring the payment of severance payments to the
employee concerned,
(b) requiring the payment of a gratuity to the employee,
(c) specifying the amount of, or the method of calculating the amount of, any
such severance payments or gratuities,
(d) requiring the payment of benefits
from a superannuation scheme of which the employee is a member, as if the
benefits ordered to be paid were provided for by the scheme,
(f)
requiring the employer concerned to give preference to the employee for
employment in a position for which the employee is or may become qualified, in
the event that the employer requires additional staff within a specified
period,
(g) requiring, in special cases, the retraining of the employee, and
requiring the payment by the employer of any costs of any such retraining,
(h) requiring the payment of an amount to the employee by way of
re-imbursement of salary or wages lost by the employee, in so far as the loss
is, in the opinion of the Commission, attributable to a failure on the part of
the employer to serve a notice on the Registrar in accordance with the
requirements of section 7,
(i) requiring the payment of any other sums, or
the doing of any other act, matter or thing, in consequence of the termination
of the employment of the employee, as appears to the Commission to be just and
proper,
(j) any ancillary matters relating to the matters referred to in any
of the foregoing paragraphs of this subsection.
(2) An order may be made
under this Act in consequence of a report under section 11 so as:
(a) to apply
to and in relation to:
(i) all or any of the employees to whom the report
relates, and
(ii) such other employees of the employer concerned as may
thereafter have their employment terminated by the employer and as are
specified or described in the order, or
(b) to rescind, cancel or vary any
relevant award or industrial agreement or any relevant order under this Act.
(3) A copy of any order under this Act that rescinds, cancels or varies an
award or industrial agreement shall be published on the NSW industrial
relations website (within the meaning of the Industrial Relations Act 1996 ),
but otherwise an order under this Act need not be published on that website.
(4) An order under this Act takes effect from the date it is made or such
later date as the Commission specifies in the order, whether or not it is
required to be or has been published on the NSW industrial relations website
(within the meaning of the Industrial Relations Act 1996 ).
(5) Before
making an order under this Act, the Commission shall have regard to such
financial and other resources of the employer concerned as the employer
desires the Commission to take into consideration and discloses (whether in
the notice in consequence of which such an order may be made or otherwise) and
as the Commission thinks relevant, and the probable effect the order, if made,
will have in relation to the employer.
(6) The Commission shall not make an
order under this Act unless it is satisfied that the employee concerned will
not, if the order is made, be in a less favourable position than if the order
had not been made.
(7) The Commission shall not make an order under this Act
in respect of the matters referred to in subsection (1) (d) or (e) unless it
is satisfied that the amount of the payment to be made is not disproportionate
to the relevant period of service that the employee concerned has had with the
employer or to the amount of contributions made by the employee to the
superannuation scheme concerned.
(8) Nothing in subsection (1) (i) or (j)
enables the making of an order under this Act requiring the appointment or
re-instatement of the employee concerned to any position, except in a case
where the employer concerned is required to give preference to the employee
for employment in that position, as referred to in subsection (1) (f).
(9) An
order under this Act has effect notwithstanding that the number of employees
employed by the employer concerned falls below 15.
