(b) any other employee, except an employee for whom conditions of employment
are not set by an industrial instrument and whose annual remuneration is
greater than $62,200 (or such greater amount as is prescribed by the
regulations).
(1A) This Part applies to the dismissal of an employee even if
the person was employed in this State under a Federal award. However, this
Part does not apply to the dismissal of any such employee if--
(a) the person
is entitled to make an application to Fair Work Australia with respect to the
dismissal on the ground that it was harsh, unjust or unreasonable, or
(b) the
person would have been entitled to make such an application but for the
exclusion of the person from the relevant provisions of the Fair Work Act
2009 of the Commonwealth (being an exclusion of a kind referred to in
subsection (2)).
(2) This Part does not apply to an employee who is exempted
from this Part by the regulations. Any such regulation may only exempt
specified classes of employees included in any of the following classes--
(a)
employees engaged under a contract of employment for a specified period of
time or a specific task,
(b) employees serving a period of probation or
qualifying period,
(c) employees engaged on a casual basis for a short
period,
(d) employees whose terms and conditions of employment are governed
by special arrangements providing particular protection in respect of
termination of employment either generally or in particular circumstances,
(e) employees in relation to whom the operation of the provisions of this Part
causes or would cause substantial problems because of--
(i) their particular
conditions of employment, or
(ii) the size or nature of the undertakings in
which they are employed.
(4) This
Part applies to the dismissal of an employee even though it occurred in the
course of an industrial dispute and the Commission is otherwise authorised
under this Act to order the reinstatement of the employee.
(b) in the case of a
public sector employee--dispensing with the services of the employee,
dismissing the employee as a consequence of disciplinary proceedings against,
or the commission of an offence by, the employee or annulling the appointment
of the employee.
"Federal award" means--
(a) a modern award within the meaning of the
Fair Work Act 2009 of the Commonwealth, or