New South Wales Consolidated Acts

EMPLOYMENT PROTECTION ACT 1982 - SECT 14

14 Orders of Commission

(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,

(e) requiring the payment of an amount to the employee to compensate for any loss of accrued benefits under a superannuation scheme of which the employee is a member,

(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.