This Act creates a statutory notice-and-review regime for most employer terminations: employers with 15+ employees must file prescribed written notice with the industrial Registrar before terminating, triggering forwarded notices to unions and possible Commission review. The Industrial Relations Commission can inquire, conciliate and order remedies (payments, re‑employment preference, retraining) while considering employer finances. It raises compliance costs, enforcement risk, and administrative discretion affecting employers, employees, unions and corporate officers.
The Employment Protection Act 1982 establishes a notification and regulatory regime that intervenes in proposed or actual terminations of employment in New South Wales industries. At its core, Part 2 imposes obligations on employers to notify the industrial Registrar before terminating an employee's employment. Under s 7(1), an employer must serve a notice of intention to terminate at least 7 days before either giving notice to the employee or effecting the termination itself (where no notice is given). This notice must contain no fewer than eight prescribed particulars listed in s 7(2), including the employee's name and address, position or duties, relevant award or agreement, union membership if known, payments on termination, commencement date, proposed termination date, and any other prescribed matters. A notice may also voluntarily include particulars of the employer's financial resources for the Commission's consideration (s 7(2A)).
Section 8 operates as a fallback where no s 7 notice was given: if an employee receives notice of termination or is terminated without notice, and no prior s 7 notice was served, the employer must provide written reasons to the Registrar within 7 days (s 8(1)). Both provisions carry a maximum penalty of 50 penalty units. Exemptions are significant: neither section applies to employers with fewer than 15 employees immediately before termination (s 9), to terminations for misconduct (s 7(5)(a)(i)), to casual employment (defined in s 7(6) by reference to regulations or applicable awards/agreements), or to prescribed classes of cases (s 7(5)(b) and s 8(3)(b)). Section 8 further limits its operation to employees with at least 12 months' continuous service (s 8(3)(a)).
Once a s 7 notice is received, the Registrar must notify appropriate unions (s 10) and furnish the President of the Commission with a report (s 11(1)). The Registrar may withhold the report if of the opinion that no orders would be made (s 11(2)) or may proactively report suspected contraventions or inadequate notices (s 11(3)). Part 3 then confers jurisdiction on the Commission to consider and inquire into such reports (s 12(1)). The Commission must exercise that jurisdiction if requested by a union or employer within specified timeframes (21 days, subject to regulatory variation under s 12(1C)) or, absent a request, must proceed after those periods expire (ss 12(1A)–(1B)).
Current sections
Direct links to the current provisions in Employment Protection Act 1982.
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
(3) Sections 7 and 8 do not apply in relation to any termination or proposed termination of employment if—
(a) where notice of the termination is or was given to the employee—the notice is or was given before the end of the period of 7 days commencing on and including the day appointed and notified under subsection (2), or
(b) where notice of the termination is not or was not given to the employee—the termination occurs or occurred before the end of that period.
3
3
3 (Repealed)
4
Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
agreement means an agreement within the meaning of the Principal Act.
apprentice means an apprentice within the meaning of the Principal Act.
award means an award within the meaning of the Principal Act.
Commission means the Industrial Relations Commission.
conciliation commissioner means a conciliation commissioner appointed under the Principal Act.
employee means a person employed by an employer, and includes an apprentice, but does not include an employee of the Crown within the meaning of the Principal Act.
employer means a person, firm, company or corporation employing persons working in any industry within the meaning of the Principal Act, whether on behalf of himself, herself or itself or any other persons, and includes a person employing an apprentice, but does not include the Crown or a public authority within the meaning of the Principal Act.
group means a group referred to in section 5.
member means a judicial member of the Commission or a non-judicial member of the Commission.
Registrar means the industrial registrar appointed under the Principal Act.
regulations means regulations under this Act.
superannuation scheme means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided.
union means an industrial union registered as such under the Principal Act.
(2) A reference in this Act to an employee or employer includes a reference to a person who was an employee or employer before the employment concerned was terminated.
s 4: Am 1990 No 113, Sch 2; 2016 No 48, Sch 2.16 [1]; 2023 No 41, Sch 2.15[1].
5
Grouping provisions
5 Grouping provisions
5 Grouping provisions
(1) For the purposes of this Act, an employer is a member of a group if—
(a) the employer is, or
(b) the employer would, but for section 79 (Exclusion of persons from groups) of the Payroll Tax Act 2007, be,
a member of the group for the purposes of that Act.
(2) The regulations may make provision for or with respect to the exclusion of an employer from a group for the purposes of this Act.
(3) In determining, for the purposes of this Act, the number of employees employed by an employer who is a member of a group, the employer shall be deemed to be the employer of all the employees of the members of the group.
s 5: Am 2007 No 21, Sch 4.1.
6
Principal Act
6 Principal Act
6 Principal Act
(1) Nothing in this Act affects or impliedly repeals any of the provisions of the Principal Act, or limits or affects in any way the jurisdiction of a person or body under the Principal Act in relation to any matter to which this Act applies or may apply.
(2) Except where the contrary intention appears, the Principal Act shall have effect, and be construed, as if this Act formed part of the Principal Act.
(1) After the repeal of the Principal Act, this Act continues to have effect and is to be construed subject to the Industrial Relations Act 1996.
(2) In particular—
(a) references in this Act are to be construed in accordance with clause 40 of Schedule 4 to the Industrial Relations Act 1996, and
(b) references to agreements are to be construed as references to enterprise agreements within the meaning of that Act, except in section 14 (2) (b) and (3) of this Act where the references are to be construed as references to former industrial agreements.
s 6A: Ins 1991 No 34, Sch 3. Am 1996 No 121, Sch 4.18 [1]–[3].
Part 2
Obligations of employers
Part 2 Obligations of employers
Part 2 Obligations of employers
7
Notice of intention to terminate employment to be given to Registrar
7 Notice of intention to terminate employment to be given to Registrar
7 Notice of intention to terminate employment to be given to Registrar
(1) Subject to section 9, an employer shall not terminate the employment of any employee unless the employer has, at least 7 days—
(a) before notice of the termination is given to the employee, or
(b) where notice of the termination is not given to the employee—before the termination of the employment,
served on the Registrar a notice of intention to terminate the employment.
Maximum penalty—50 penalty units.
(2) A notice shall be deemed not to have been served for the purposes of subsection (1) unless it contains particulars of—
(a) the name and address of the employee concerned,
(b) the position occupied by the employee or the duties required to be performed by the employee,
(c) the name of any relevant award or agreement applicable to the employee,
(d) the name of any relevant union to which the employee belongs, if known to the employer,
(e) any payments to be made to the employee in consequence of the termination of his or her employment,
(f) the date on which the employee entered the employment of the employer or, if the employee has entered that employment on more than one occasion, the date on which the employee last entered that employment,
(g) the date on or after which the termination of the employee’s employment is to take effect, and
(h) such other matters as may be prescribed.
(2A) A notice under this section may also contain particulars of the financial and other resources of the employer concerned to which the employer would desire the Commission to have regard before making an order under this Act.
(3) For the purposes of this section—
(a) an award or agreement is not a relevant award or agreement, or
(b) a union is not a relevant union,
unless the award or agreement, or membership of the union, is relevant to the position occupied by the employee concerned or to his or her duties as an employee.
(4) A notice under this section may relate to one or more employees whose employment is proposed to be terminated.
(5) This section does not apply—
(a) in relation to—
(i) the termination of an employee’s employment if the termination is made in consequence of misconduct on the part of the employee, or
(ii) the termination of casual employment, or
(b) in such cases or classes of cases as are prescribed.
(6) For the purposes of subsection (5), employment is casual employment if and only if—
(a) it is, in accordance with the regulations, to be so treated, or
(b) any award or agreement applicable to the employee concerned treats or classifies the employment as being casual employment.
s 7: Am 1983 No 19, Sch 1 (2); 1992 No 112, Sch 1.
8
Notice of reasons for termination of employment to be given to Registrar in certain cases
8 Notice of reasons for termination of employment to be given to Registrar in certain cases
8 Notice of reasons for termination of employment to be given to Registrar in certain cases
(1) Subject to section 9, where—
(a) an employee—
(i) is given notice of termination of his or her employment, or
(ii) his or her employment is terminated without notice, and
(b) a notice of intention to terminate the employment has not been served on the Registrar under section 7,
the employer shall, not later than 7 days after the employee is given notice (as referred to in paragraph (a) (i)) or the employment is terminated without notice (as referred to in paragraph (a) (ii)), serve on the Registrar a written notice giving particulars of the reasons for the termination.
Maximum penalty—50 penalty units.
(2) If the regulations so provide, a notice shall be deemed not to have been served for the purposes of subsection (1) unless it contains such particulars as may be prescribed.
(3) This section does not apply—
(a) in relation to the termination or proposed termination of employment of an employee unless, at the time of termination of the employment the employee has been, or will have been, continuously employed by the employer for at least 12 months ending at that time, or
(b) in such cases or classes of cases as are prescribed.
s 8: Am 1992 No 112, Sch 1.
9
Non-application of sections 7 and 8 to employers of fewer than 15 employees
9 Non-application of sections 7 and 8 to employers of fewer than 15 employees
9 Non-application of sections 7 and 8 to employers of fewer than 15 employees
Neither section 7 nor section 8 requires a notice to be served on the Registrar in relation to the termination or proposed termination of an employee’s employment if, immediately before the termination or proposed termination of employment, the employer employed fewer than 15 employees.
10
Unions to be notified by Registrar
10 Unions to be notified by Registrar
10 Unions to be notified by Registrar
It is the duty of the Registrar, as soon as practicable after receiving a notice under section 7, to furnish such union or unions as the Registrar considers appropriate with a copy of the notice.
Part 3
Jurisdiction of Commission
Part 3 Jurisdiction of Commission
Part 3 Jurisdiction of Commission
11
President to be notified by Registrar
11 President to be notified by Registrar
11 President to be notified by Registrar
(1) It is the duty of the Registrar, as soon as practicable after receiving a notice under section 7, to furnish the President with a report containing a copy of the notice and such other matters as the Registrar thinks appropriate.
(2) Subject to any directions of the President, subsection (1) does not apply if the Registrar is of the opinion that the Commission would make no orders in consequence of the notice.
(3) The Registrar may, of his or her own motion, furnish the President with a report where the Registrar is of the opinion that an employer has or may have contravened or failed to comply with this Act in any respect or that a notice under section 8 contains or may contain inadequate, false or misleading particulars.
s 11: Am 2016 No 48, Sch 2.16 [2]; 2023 No 41, Sch 2.15[2].
12
Report to be considered by Commission
12 Report to be considered by Commission
12 Report to be considered by Commission
(1) The Commission has jurisdiction to consider and inquire into a report referred to the President under section 11 and, in consequence thereof, to make such orders under this Act as appear to be just and proper.
(1A) Where, in relation to a report referred to in subsection (1), the Commission receives a request in or to the effect of the prescribed form from a union or from an employer to whom the report relates for the Commission to exercise its jurisdiction under this Act, the Commission shall forthwith proceed to exercise its jurisdiction under this Act in relation to that report.
(1B) Where, in relation to a report referred to in subsection (1), no such request is made to the Commission by—
(a) an industrial union of employers or an employer to whom the report relates—within the period of 21 days after the date on which the Registrar received the relevant notice under this Act, or
(b) an industrial union of employees—within the period of 21 days after the date on which the Registrar first sent such a union a copy of the notice for the purposes of section 10,
the Commission shall forthwith proceed to exercise its jurisdiction under this Act in relation to that report.
(1C) The regulations may, in any case or class of cases, vary any period referred to in subsection (1A) or (1B), and those subsections shall, in any such case or class of cases, have effect subject to and in accordance with any such variation.
(2) Notwithstanding anything in section 30B of the Principal Act, but subject to section 15 of this Act, the jurisdiction of the Commission under this Act may be exercised by—
(a) a member, or
(b) a conciliation commissioner,
to whom consideration of the report is for the time being allocated by the President.
(3) The Commission may exercise its jurisdiction under this Act in relation to a termination or proposed termination of employment notwithstanding that the employer has contravened or failed to comply with this Act or the regulations in any respect, and may do so as if that contravention or failure had not occurred.
s 12: Am 1983 No 19, Sch 1 (3); 2016 No 48, Sch 2.16 [3]; 2023 No 41, Sch 2.15[3].
13
Conferences and conciliation
13 Conferences and conciliation
13 Conferences and conciliation
The Commission—
(a) is empowered to endeavour, by all means which it deems proper and necessary, to settle by means of conciliation any matter to which a report under section 11 relates, and
(b) shall take all reasonable steps to effect an amicable settlement in relation to any such matter and for this purpose is empowered to adjourn any proceedings at any stage to enable the persons concerned to negotiate with a view to a settlement by amicable arrangements.
14
Orders of Commission
14 Orders of Commission
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.
s 14: Am 1983 No 19, Sch 1 (4); 1990 No 113, Sch 2; 2006 No 97, Sch 4.1 [1] [2].
15
Appeals
15 Appeals
15 Appeals
(1) An appeal lies from an order of a member or conciliation commissioner exercising jurisdiction under this Act to the Commission in Court Session.
(2) Without limiting section 6 (2) of this Act, the provisions of section 14 (8) of the Principal Act, and of the regulations under that Act, apply to and in respect of an appeal under this Act in the same way as they apply to and in respect of an appeal under that Act, and so apply as if a reference in those provisions to a member of the Commission included a reference to a conciliation commissioner.
(3) Where an appeal has been instituted under this Act the Commission in Court Session may, on such terms and conditions as it thinks fit, make an order that the operation of the whole or a part of the decision be stayed pending the determination of the appeal or until further order of the Commission in Court Session.
s 15: Am 2016 No 48, Sch 2.16 [4] [5]; 2023 No 41, Sch 2.15[4] [5].
16
Conduct of proceedings
16 Conduct of proceedings
16 Conduct of proceedings
(1) Without limiting section 6 (2) of this Act but subject to section 15 of this Act, except in so far as a regulation made as referred to in subsection (2) so provides, the provisions of the Principal Act, and the regulations made under that Act, relating to proceedings before a member, a conciliation commissioner or the Commission and to appeals from an order of a member or a conciliation commissioner apply to and in respect of proceedings under this Act in the same way as they apply to and in respect of proceedings under that Act.
(2) The regulations may make provision for or with respect to the institution and conduct of any proceedings under this Act and any ancillary matters.
(3) Without limiting any other provision of this Act or section 78 (2) of the Principal Act, Unions NSW may, subject to establishing a sufficient interest in any proceedings under this Act, intervene in those proceedings and make such representations as it thinks necessary to safeguard the interests of any or all of the trade unions affiliated to it.
s 16: Am 1983 No 19, Sch 1 (5); 2005 No 64, Sch 2.11.
17
Enforcement of orders etc
17 Enforcement of orders etc
17 Enforcement of orders etc
(1) Without limiting section 6 (2) of this Act, the provisions of sections 119 and 123 of the Principal Act apply to and in respect of orders and proceedings under this Act in the same way as they apply to and in respect of orders and proceedings under the Principal Act.
(2) A person shall not contravene or fail to comply with an order under this Act.
Maximum penalty—50 penalty units.
(3) Nothing in subsection (2) affects the recovery as a debt of any amount ordered to be paid under an order under this Act.
s 17: Am 1992 No 112, Sch 1.
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
18
Service of documents
18 Service of documents
18 Service of documents
Service of documents (including service of documents on unions and service by way of substituted service) may be effected—
(a) in the same manner as documents may be served under or for the purposes of the Principal Act,
(b) in accordance with the regulations, or
(c) in any other manner in which service may be effected apart from this section.
19
Summary procedure for offences
19 Summary procedure for offences
19 Summary procedure for offences
(1) Proceedings for an offence against this Act or the regulations shall be disposed of summarily—
(a) before the Local Court, or
(b) before an Industrial Local Court Judge.
(2) The provisions of the Principal Act, and the regulations made under that Act, relating to proceedings before an Industrial Local Court Judge and to appeals from an Industrial Local Court Judge to the Commission apply to proceedings before an Industrial Local Court Judge for offences against this Act or the regulations as if the proceedings under this Act were proceedings under that Act.
(3) In proceedings for an offence against this Act or the regulations, the prosecution case may be conducted—
(a) by the informant, or
(b) on behalf of the informant by an Australian legal practitioner or public servant, or
(c) on behalf of the informant by an agent authorised in writing by the informant.
(4) In relation to a contravention or failure to comply with both sections 7 and 8 in connection with the termination or proposed termination of employment of a particular employee, the employer is, if punished in respect of one of those offences, not liable to be punished in respect of the other.
s 19: Am 1991 No 17, Sch 1; 2001 No 121, Sch 2.97; 2005 No 98, Sch 3.21; 2007 No 94, Sch 2; 2025 No 61, Sch 2.42[1] [2].
20
Authority to prosecute
20 Authority to prosecute
20 Authority to prosecute
(1) Proceedings for an offence against this Act or the regulations may be instituted—
(a) by an inspector appointed under the Principal Act, or
(b) by a person acting with the written consent of the Minister.
(2) In proceedings for an offence against this Act or the regulations, a consent to institute the proceedings, purporting to have been signed by the Minister, shall be evidence of that consent without proof of the signature of the Minister.
s 20: Am 1991 No 17, Sch 1.
21
Time for instituting proceedings for offences
21 Time for instituting proceedings for offences
21 Time for instituting proceedings for offences
Notwithstanding anything in any other Act, proceedings for an offence against this Act or the regulations may be instituted within the period of 2 years after the act or omission alleged to constitute the offence.
22
Offences by corporations
22 Offences by corporations
22 Offences by corporations
(1) Where a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each director of the corporation, and each person concerned in the management of the corporation, shall be deemed to have contravened the same provision unless he or she satisfies the court that—
(a) the corporation contravened the provision without his or her knowledge,
(b) he or she was not in a position to influence the conduct of the corporation in relation to its contravention of the provision, or
(c) he or she, being in such a position, used all due diligence to prevent the contravention by the corporation.
(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted under that provision.
(3) Nothing in subsection (1) prejudices or affects any liability imposed by a provision of this Act or the regulations on any corporation by which an offence against the provision is actually committed.
23
Protection from liability
23 Protection from liability
23 Protection from liability
(1) A person has qualified privilege in proceedings for defamation in respect of the furnishing of any notice to the Registrar under section 7 or 8, but this subsection does not limit or affect any right, privilege or immunity that a person has, apart from this subsection, as defendant in proceedings for defamation.
(2) No matter or thing done by the Registrar shall, if the matter or thing was done in good faith for the purpose of executing this Act, subject the Registrar or any other person personally to any action, liability, claim or demand.
24
Regulations
24 Regulations
24 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) A provision of a regulation may—
(a) apply generally or be limited in its application by reference to specified exceptions or factors,
(b) apply differently according to different factors of a specified kind, or
(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,
or may do any combination of those things.
(3) A regulation may impose a penalty not exceeding 20 penalty units for an offence against the regulation.
s 24: Am 1992 No 112, Sch 1.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Employment Protection Act 1982.
2 Commencement
2 Commencement
2 Commencement
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
(3) Sections 7 and 8 do not apply in relation to any termination or proposed termination of employment if—
(a) where notice of the termination is or was given to the employee—the notice is or was given before the end of the period of 7 days commencing on and including the day appointed and notified under subsection (2), or
(b) where notice of the termination is not or was not given to the employee—the termination occurs or occurred before the end of that period.
3
3 (Repealed)
3
s 3: Rep 1999 No 31, Sch 5.36.
4 Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
agreement means an agreement within the meaning of the Principal Act.
apprentice means an apprentice within the meaning of the Principal Act.
award means an award within the meaning of the Principal Act.
Commission means the Industrial Relations Commission.
conciliation commissioner means a conciliation commissioner appointed under the Principal Act.
employee means a person employed by an employer, and includes an apprentice, but does not include an employee of the Crown within the meaning of the Principal Act.
employer means a person, firm, company or corporation employing persons working in any industry within the meaning of the Principal Act, whether on behalf of himself, herself or itself or any other persons, and includes a person employing an apprentice, but does not include the Crown or a public authority within the meaning of the Principal Act.
Employment Protection Act 1982 (New South Wales) | Zoe
The Commission's powers are exercised through conciliation (s 13) and, if necessary, the making of orders under s 14(1). Orders may require severance payments, gratuities, specification of amounts or calculation methods, payments from or compensation for superannuation schemes, preference in future hiring, retraining (with employer-funded costs), reimbursement of wages lost due to failure to give s 7 notice, or any other just and proper sums or actions consequent on the termination (s 14(1)(a)–(j)). Orders may apply to multiple employees, extend to future terminations, or rescind/vary awards or agreements (s 14(2)). Publication on the NSW industrial relations website is required only for orders that affect awards or agreements (s 14(3)); otherwise orders take effect from the date made or a later specified date regardless of publication (s 14(4)).
Before ordering, the Commission must consider disclosed financial and other resources of the employer and the probable effect of the order (s 14(5)), must be satisfied the employee will not be left in a less favourable position (s 14(6)), and, for superannuation orders, must ensure the amount is not disproportionate to service or employee contributions (s 14(7)). Crucially, the Commission cannot order reinstatement except by way of a preference for future employment under s 14(1)(f) (s 14(8)). An order has effect even if the employer's workforce later falls below 15 employees (s 14(9)). The Commission may make orders notwithstanding any contravention of the Act by the employer (s 12(3)).
Part 4 contains ancillary machinery: service of documents (s 18), summary proceedings before the Local Court or Industrial Local Court Judge (s 19), authority to prosecute limited to inspectors or persons with Ministerial consent (s 20), a two-year limitation period for offences (s 21), director liability for corporate offences (s 22), qualified privilege for defamation in respect of notices (s 23(1)), and protection from liability for the Registrar acting in good faith (s 23(2)). Regulations may exclude employers from groups (s 5(2)) and govern various procedural matters (s 24).
The Act therefore operates as a hybrid notification–conciliation–order-making scheme designed to mitigate the effects of termination through mandatory transparency, union involvement, and Commission discretion to impose financial and other remedies. Its procedural architecture is deliberately linked to the industrial relations framework so that it functions as an adjunct to award and agreement regulation rather than a standalone code.
Who it affects
The Act primarily affects private-sector employers and employees within the meaning of the definitions in s 4(1). "Employee" includes apprentices but excludes Crown employees within the meaning of the Principal Act. "Employer" covers persons, firms, companies or corporations employing persons in any industry under the Principal Act and includes those employing apprentices, but excludes the Crown and public authorities. These definitions are extended by s 4(2) to former employees and employers, allowing the Act to operate after the employment relationship has ended.
Because of the grouping rules in s 5, the Act also affects related entities. An employer is a member of a group if it is, or would be but for s 79 of the Payroll Tax Act 2007, a member of a group for payroll tax purposes. When determining whether the 15-employee threshold in s 9 is met, the employer is deemed to employ all employees of every group member (s 5(3)). Regulations may exclude particular employers from a group for this Act's purposes (s 5(2)). Consequently, businesses that are part of corporate groups, franchises or common-control structures cannot treat themselves in isolation when assessing obligations or exemptions.
Unions registered under the Principal Act are affected through the mandatory notification duty imposed on the Registrar (s 10) and their right to request the Commission to exercise jurisdiction (s 12(1A)). Unions NSW has a statutory right to intervene in proceedings if it establishes sufficient interest (s 16(3)). The Industrial Relations Commission, its President, members, conciliation commissioners and the Registrar are all given specific functions: receiving reports, attempting conciliation, making orders, hearing appeals, and enforcing them.
The Act does not apply to the Crown or public authorities (s 4(1)). Small employers with fewer than 15 employees immediately before termination are relieved of the notice obligations in ss 7 and 8 (s 9), although this does not prevent the Commission from making orders that continue to have effect even if numbers later drop below 15 (s 14(9)). Casual employees and those terminated for misconduct are also outside the notice regime (s 7(5)), while s 8 applies only to those with 12 months' continuous service. Employers and employees covered by awards, agreements or enterprise agreements falling within the Commission's historical jurisdiction are within scope, subject to the savings in s 6 and s 6A.
Finally, directors and managers of corporate employers face personal liability under s 22 unless they can prove lack of knowledge, inability to influence, or due diligence. Prosecutors are limited to inspectors or persons with Ministerial consent (s 20), while proceedings may be conducted by informants, legal practitioners, public servants or authorised agents (s 19(3)).
Key duties and rights
Employers' key duties are the twin notification obligations. Section 7(1) prohibits termination unless a notice of intention has been served on the Registrar at least 7 days beforehand. The content requirements in s 7(2) are mandatory; a notice lacking them is deemed not served. Section 8(1) imposes a duty to provide reasons within 7 days where termination occurs without a prior s 7 notice. Both duties are subject to the small-employer exemption in s 9 and the misconduct/casual exclusions in s 7(5). Employers also have a duty to comply with any order made under s 14, breach of which attracts a further 50-penalty-unit maximum (s 17(2)).
Employees have no direct duty to do anything but possess important rights once the notification process is engaged. They are entitled to have their situation considered by the Commission, which must inquire into the report and may make any of the orders listed in s 14(1). Employees benefit from the Commission's statutory obligations to attempt conciliation (s 13), to have regard to the employer's financial resources only to the extent disclosed and considered relevant (s 14(5)), and to refrain from making orders that would leave the employee worse off (s 14(6)). Where a s 7 notice was not given, the employee may receive reimbursement of lost salary or wages attributable to that failure (s 14(1)(h)).
Unions enjoy the right to receive copies of notices (s 10), to request immediate exercise of jurisdiction (s 12(1A)), and to intervene via Unions NSW (s 16(3)). The Commission itself has the right and duty to consider reports, to proceed after prescribed time limits if no request is received (s 12(1B)), and to make orders notwithstanding employer breaches (s 12(3)). The Registrar has duties to notify unions and the President (ss 10 and 11) and a power to report suspected non-compliance (s 11(3)).
Rights of appeal lie from orders of a member or conciliation commissioner to the Commission in Court Session (s 15(1)). The Commission in Court Session may stay orders pending appeal (s 15(3)). Both employers and employees (through their unions) can participate in conciliation conferences and present evidence during the Commission's inquiry. Employers have the right to disclose financial resources and have them taken into account (s 14(5)) and the right to request the Commission to exercise jurisdiction (s 12(1A)).
The Act carefully balances these rights by prohibiting reinstatement orders except in the limited form of future preference (s 14(8)) and by requiring the Commission to be satisfied that superannuation orders are proportionate (s 14(7)). The qualified privilege conferred by s 23(1) protects both employers and employees from defamation actions arising from the required notices.
Penalties and enforcement
The Act creates three main offence provisions, each carrying a maximum of 50 penalty units. Section 7(1) penalises failure to serve the required notice of intention. Section 8(1) penalises failure to serve notice of reasons where no s 7 notice was given. Section 17(2) penalises contravention of or failure to comply with any order made under the Act. Section 19(4) provides that where both ss 7 and 8 have been breached in relation to the same employee, punishment for one offence precludes punishment for the other.
Proceedings for offences must be brought summarily before the Local Court or an Industrial Local Court Judge (s 19(1)). The prosecution case may be conducted by the informant, an Australian legal practitioner, a public servant, or an authorised agent (s 19(3)). Authority to institute proceedings is restricted to inspectors appointed under the Principal Act or persons acting with the Minister's written consent (s 20(1)); the consent itself is prima facie evidence without further proof (s 20(2)). A two-year limitation period applies notwithstanding any other Act (s 21).
Corporate offences attract personal liability for directors and managers under s 22(1) unless the defendant proves lack of knowledge, inability to influence the corporation's conduct, or the taking of all due diligence. This liability is independent; a person may be convicted even if the corporation is not (s 22(2)). Recovery of monetary orders as a debt is preserved notwithstanding the offence provision (s 17(3)).
Enforcement of Commission orders is facilitated by the application of ss 119 and 123 of the Principal Act (s 17(1)). Appeals from Industrial Local Court Judge decisions follow the Principal Act's procedures (s 19(2)). The Act therefore relies on both criminal sanctions for notification failures and civil enforcement mechanisms for orders, with a deliberate policy against double punishment for overlapping ss 7 and 8 breaches.
How it interacts with other laws
Section 6(1) expressly states that nothing in the Act affects or impliedly repeals any provision of the Principal Act (the Industrial Arbitration Act 1940) or limits the jurisdiction of any person or body under that Act. Section 6(2) provides that, except where contrary intention appears, the Principal Act has effect as if this Act formed part of it. After the repeal of the Principal Act, s 6A(1) continues the operation of the Employment Protection Act 1982 and requires it to be construed subject to the Industrial Relations Act 1996. References in the Act are to be read in accordance with clause 40 of Schedule 4 to the 1996 Act (s 6A(2)(a)). References to "agreements" become references to enterprise agreements under the 1996 Act, except in s 14(2)(b) and (3) where they remain references to former industrial agreements (s 6A(2)(b)).
The grouping rules in s 5(1) incorporate by reference the grouping provisions of the Payroll Tax Act 2007, including the exclusion in s 79 of that Act, thereby aligning employment-protection thresholds with payroll-tax concepts of related entities. Definitions in s 4(1) of "award", "agreement", "apprentice", "Commission", "conciliation commissioner", "employee", "employer", "member", "President", "Registrar" and "union" are all tied to the Principal Act or its successor, ensuring the Act operates as an integrated part of the industrial relations system rather than a freestanding statute.
Procedural provisions apply the rules of the Principal Act (and later the 1996 Act) to proceedings, appeals, and enforcement unless regulations under this Act provide otherwise (ss 15(2), 16(1), 17(1), 19(2)). Service of documents may use the methods permitted under the Principal Act, regulations under this Act, or any other lawful method (s 18). Defamation privilege under s 23(1) interacts with general tort law by conferring a statutory qualified privilege without displacing other defences. The protection from liability in s 23(2) shields the Registrar and others from civil suits where actions are taken in good faith.
The Act's continuation despite the repeal of the 1940 Act (via s 6A) and the updating of terminology through multiple amendment Acts (noted in the historical notes to each section) demonstrate a deliberate legislative policy of preserving its protective function within the evolving industrial relations architecture. It does not, however, interact with federal legislation; its territorial and jurisdictional limits remain those of the New South Wales system as preserved by the 1996 Act.
Recent changes and why
The historical notes to the sections reveal a series of amendments that have modernised language and integrated the Act with contemporary legislation without altering its fundamental notification-and-order-making structure. Section 4 was amended in 1990 (No 113, Sch 2), 2016 (No 48, Sch 2.16[1]) and 2023 (No 41, Sch 2.15[1]) to update definitions of "Commission", "member", "President" and other terms to reflect the structure of the Industrial Relations Commission under the 1996 Act. These changes were necessary to maintain coherence after the replacement of the Industrial Arbitration Act 1940.
Section 5 was amended in 2007 (No 21, Sch 4.1) to substitute the Payroll Tax Act 2007 grouping rules for the earlier payroll-tax grouping regime, ensuring consistency between employment protection thresholds and contemporary tax law. Section 6A was inserted in 1991 (No 34, Sch 3) and amended in 1996 (No 121, Sch 4.18) precisely to deal with the repeal of the Principal Act and the commencement of the Industrial Relations Act 1996; it provides the interpretive bridge that allows the 1982 Act to continue operating.
Section 11, 12, 14, 15, 16 and 19 contain amendments up to 2025 (No 61, Sch 2.42) that update references to the Commission, the Industrial Local Court Judge, and procedural matters. The 2006 amendments to s 14 (No 97, Sch 4.1) clarified publication requirements on the NSW industrial relations website. Penalty increases to 50 penalty units in ss 7, 8, 17 and 24 occurred via the 1992 amendment (No 112, Sch 1), reflecting a general inflation and standardisation of penalty units across industrial legislation.
These changes were driven by the need to keep the Act workable after major industrial relations reforms in the 1990s, to align definitions and procedures with the successor statute, and to ensure that grouping concepts remained synchronised with tax law. The legislature has consistently chosen to amend rather than repeal, preserving the protective mechanism while eliminating obsolete cross-references.
Court challenges and controversies
The Act itself contains no recital of decided cases; however, its text reveals several points of potential contention that have procedural consequences. Section 12(3) expressly permits the Commission to exercise jurisdiction "notwithstanding that the employer has contravened or failed to comply with this Act or the regulations in any respect, and may do so as if that contravention or failure had not occurred". This provision was evidently inserted to prevent employers from arguing that their own non-compliance ousted the Commission's power, thereby closing off a possible jurisdictional challenge.
Section 14(5) requires the Commission to "have regard to such financial and other resources of the employer concerned as the employer desires the Commission to take into consideration and discloses... and as the Commission thinks relevant". The subjective element ("as the Commission thinks relevant") and the requirement that resources be "disclosed" have obvious scope for dispute about adequacy of disclosure and weight. Subsection (6) prohibits orders that would leave the employee in a "less favourable position" than if no order had been made; this creates a statutory floor that could be litigated where an employer argues that any severance would produce a windfall.
The appeal right in s 15(1) to the Commission in Court Session, coupled with the stay power in s 15(3), provides a clear avenue for challenge, but the incorporation of s 14(8) of the Principal Act (via s 15(2)) limits the grounds. The prohibition on reinstatement except by way of future preference (s 14(8)) has the effect of channelling controversies away from re-employment orders and toward monetary relief.
Section 23(1) confers qualified privilege for notices furnished under ss 7 or 8, indicating that Parliament anticipated defamation claims arising from the mandatory disclosure of termination particulars. The Registrar's good-faith immunity in s 23(2) similarly addresses potential tort claims. Section 19(4)'s double-jeopardy-style rule for overlapping ss 7 and 8 offences removes one source of controversy about cumulative punishment.
Because the Act applies the procedural law of the Principal Act and the 1996 Act (ss 16 and 19), any controversies about natural justice, onus of proof or admissibility are resolved by reference to that broader jurisprudence rather than creating a separate body of doctrine. The grouping deeming rule in s 5(3) could generate disputes about whether particular entities truly form a group, but the incorporation of the Payroll Tax Act 2007 test provides an external standard intended to reduce uncertainty.
Gotchas
Most practitioners assume the 15-employee threshold in s 9 creates a safe harbour for small businesses, yet s 14(9) expressly provides that an order "has effect notwithstanding that the number of employees employed by the employer concerned falls below 15". Thus an employer who begins with 20 staff, triggers the notice regime, then reduces numbers, remains subject to any orders made. The grouping fiction in s 5(3) is another trap: related companies are aggregated for the employee count even if they operate entirely separate businesses, so a corporate group with three subsidiaries of six employees each is treated as one employer of 18 and cannot claim the s 9 exemption.
The voluntary financial-disclosure option in s 7(2A) is rarely understood. An employer who omits financial information from the initial notice but later seeks to rely on it before the Commission may find the Commission gives it less weight because s 14(5) speaks of resources the employer "desires the Commission to take into consideration and discloses (whether in the notice... or otherwise)". Late or incomplete disclosure has been left to the Commission's discretion, creating tactical risk.
Section 12(1B) contains an unusual default-trigger: if neither employer nor union requests the Commission to exercise jurisdiction within the 21-day windows (or any varied period under regulations), the Commission "shall forthwith proceed". This reverses the usual onus; silence activates the full inquiry and order-making power. Many employers discover too late that failing to request non-intervention can produce an order they never saw coming.
The superannuation provisions in s 14(1)(d) and (e) allow the Commission to order payments "as if the benefits ordered to be paid were provided for by the scheme" or to compensate for lost accrued benefits. Subsection (7) requires the Commission to be satisfied the amount "is not disproportionate to the relevant period of service... or to the amount of contributions made by the employee". The Act gives no formula; the Commission must form a view on proportionality, yet there is no appeal on the merits once the order is made beyond the s 15 route to the Court Session. This creates a high-stakes discretionary zone.
Finally, the interaction between s 6A(2)(b) and s 14(2)(b) is subtle: references to "agreements" are generally read as enterprise agreements, but in the specific context of rescinding or varying "any relevant award or industrial agreement" the older terminology survives. This means some older instruments that would otherwise have been converted can still be directly varied by Commission order, a nuance easily missed when advising on modern enterprise agreements.
How to comply
Compliance begins with a headcount that includes all group members under s 5. If the aggregated number is 15 or more, any proposed termination (other than for misconduct or casual employment as defined in s 7(6)) requires preparation of a s 7 notice containing every particular listed in s 7(2). The notice should be served on the Registrar at least 7 clear days before any communication with the employee. Where the employer wishes the Commission to consider financial hardship, the information should be included in the notice itself rather than produced later.
If termination occurs without a s 7 notice (for example because the employer believed it was exempt), a s 8 notice of reasons must be served within 7 days. Records proving the date the 12-month qualifying period under s 8(3)(a) was or was not completed should be retained. Employers should maintain evidence of any award or agreement classification of casual employment to rely on the s 7(5) exemption.
Once a notice is served, the employer should anticipate contact from the Registrar, unions and possibly the Commission. Participation in conciliation under s 13 is mandatory in practice because the Commission is obliged to take all reasonable steps to achieve an amicable settlement. If the matter proceeds to orders, the employer must be ready to disclose financial resources in a form the Commission will accept as relevant under s 14(5). Any proposed order should be tested against the "not less favourable" test in s 14(6) and the proportionality test in s 14(7).
If an order is made, immediate compliance is required; breach attracts a separate 50-penalty-unit offence under s 17(2). Where an appeal is intended, an application for stay under s 15(3) should be filed promptly. Directors and managers should ensure corporate policies record decision-making processes so that the due-diligence defence in s 22(1)(c) can be made out if prosecution follows.
Ongoing compliance requires periodic review of group structures under the Payroll Tax Act 2007 test, training of HR staff on the eight mandatory particulars, and retention of termination records for the full two-year limitation period in s 21. Because the Act continues to apply through the Industrial Relations Act 1996 via s 6A, any enterprise agreement negotiations should consider whether the Commission's order-making power under s 14 could override or vary the agreement; if so, explicit savings clauses may be prudent. Regular legal audit of termination procedures against the exact wording of ss 7, 8 and 9 is the single most effective risk-management step.
member means a judicial member of the Commission or a non-judicial member of the Commission.
President means the President of the Commission.
Principal Act means the Industrial Arbitration Act 1940.
Registrar means the industrial registrar appointed under the Principal Act.
regulations means regulations under this Act.
superannuation scheme means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided.
union means an industrial union registered as such under the Principal Act.
(2) A reference in this Act to an employee or employer includes a reference to a person who was an employee or employer before the employment concerned was terminated.
s 4: Am 1990 No 113, Sch 2; 2016 No 48, Sch 2.16 [1]; 2023 No 41, Sch 2.15[1].
5 Grouping provisions
5 Grouping provisions
5 Grouping provisions
(1) For the purposes of this Act, an employer is a member of a group if—
(a) the employer is, or
(b) the employer would, but for section 79 (Exclusion of persons from groups) of the Payroll Tax Act 2007, be,
a member of the group for the purposes of that Act.
(2) The regulations may make provision for or with respect to the exclusion of an employer from a group for the purposes of this Act.
(3) In determining, for the purposes of this Act, the number of employees employed by an employer who is a member of a group, the employer shall be deemed to be the employer of all the employees of the members of the group.
s 5: Am 2007 No 21, Sch 4.1.
6 Principal Act
6 Principal Act
6 Principal Act
(1) Nothing in this Act affects or impliedly repeals any of the provisions of the Principal Act, or limits or affects in any way the jurisdiction of a person or body under the Principal Act in relation to any matter to which this Act applies or may apply.
(2) Except where the contrary intention appears, the Principal Act shall have effect, and be construed, as if this Act formed part of the Principal Act.
s 6: Am 1983 No 19, Sch 1 (1).
6A Industrial Relations Act 1996
6A Industrial Relations Act 1996
6A Industrial Relations Act 1996
(1) After the repeal of the Principal Act, this Act continues to have effect and is to be construed subject to the Industrial Relations Act 1996.
(2) In particular—
(a) references in this Act are to be construed in accordance with clause 40 of Schedule 4 to the Industrial Relations Act 1996, and
(b) references to agreements are to be construed as references to enterprise agreements within the meaning of that Act, except in section 14 (2) (b) and (3) of this Act where the references are to be construed as references to former industrial agreements.
s 6A: Ins 1991 No 34, Sch 3. Am 1996 No 121, Sch 4.18 [1]–[3].
Part 2 Obligations of employers
Part 2 Obligations of employers
Part 2 Obligations of employers
7 Notice of intention to terminate employment to be given to Registrar
7 Notice of intention to terminate employment to be given to Registrar
7 Notice of intention to terminate employment to be given to Registrar
(1) Subject to section 9, an employer shall not terminate the employment of any employee unless the employer has, at least 7 days—
(a) before notice of the termination is given to the employee, or
(b) where notice of the termination is not given to the employee—before the termination of the employment,
served on the Registrar a notice of intention to terminate the employment.
Maximum penalty—50 penalty units.
(2) A notice shall be deemed not to have been served for the purposes of subsection (1) unless it contains particulars of—
(a) the name and address of the employee concerned,
(b) the position occupied by the employee or the duties required to be performed by the employee,
(c) the name of any relevant award or agreement applicable to the employee,
(d) the name of any relevant union to which the employee belongs, if known to the employer,
(e) any payments to be made to the employee in consequence of the termination of his or her employment,
(f) the date on which the employee entered the employment of the employer or, if the employee has entered that employment on more than one occasion, the date on which the employee last entered that employment,
(g) the date on or after which the termination of the employee’s employment is to take effect, and
(h) such other matters as may be prescribed.
(2A) A notice under this section may also contain particulars of the financial and other resources of the employer concerned to which the employer would desire the Commission to have regard before making an order under this Act.
(3) For the purposes of this section—
(a) an award or agreement is not a relevant award or agreement, or
(b) a union is not a relevant union,
unless the award or agreement, or membership of the union, is relevant to the position occupied by the employee concerned or to his or her duties as an employee.
(4) A notice under this section may relate to one or more employees whose employment is proposed to be terminated.
(5) This section does not apply—
(a) in relation to—
(i) the termination of an employee’s employment if the termination is made in consequence of misconduct on the part of the employee, or
(ii) the termination of casual employment, or
(b) in such cases or classes of cases as are prescribed.
(6) For the purposes of subsection (5), employment is casual employment if and only if—
(a) it is, in accordance with the regulations, to be so treated, or
(b) any award or agreement applicable to the employee concerned treats or classifies the employment as being casual employment.
s 7: Am 1983 No 19, Sch 1 (2); 1992 No 112, Sch 1.
8 Notice of reasons for termination of employment to be given to Registrar in certain cases
8 Notice of reasons for termination of employment to be given to Registrar in certain cases
8 Notice of reasons for termination of employment to be given to Registrar in certain cases
(1) Subject to section 9, where—
(a) an employee—
(i) is given notice of termination of his or her employment, or
(ii) his or her employment is terminated without notice, and
(b) a notice of intention to terminate the employment has not been served on the Registrar under section 7,
the employer shall, not later than 7 days after the employee is given notice (as referred to in paragraph (a) (i)) or the employment is terminated without notice (as referred to in paragraph (a) (ii)), serve on the Registrar a written notice giving particulars of the reasons for the termination.
Maximum penalty—50 penalty units.
(2) If the regulations so provide, a notice shall be deemed not to have been served for the purposes of subsection (1) unless it contains such particulars as may be prescribed.
(3) This section does not apply—
(a) in relation to the termination or proposed termination of employment of an employee unless, at the time of termination of the employment the employee has been, or will have been, continuously employed by the employer for at least 12 months ending at that time, or
(b) in such cases or classes of cases as are prescribed.
s 8: Am 1992 No 112, Sch 1.
9 Non-application of sections 7 and 8 to employers of fewer than 15 employees
9 Non-application of sections 7 and 8 to employers of fewer than 15 employees
9 Non-application of sections 7 and 8 to employers of fewer than 15 employees
Neither section 7 nor section 8 requires a notice to be served on the Registrar in relation to the termination or proposed termination of an employee’s employment if, immediately before the termination or proposed termination of employment, the employer employed fewer than 15 employees.
10 Unions to be notified by Registrar
10 Unions to be notified by Registrar
10 Unions to be notified by Registrar
It is the duty of the Registrar, as soon as practicable after receiving a notice under section 7, to furnish such union or unions as the Registrar considers appropriate with a copy of the notice.
Part 3 Jurisdiction of Commission
Part 3 Jurisdiction of Commission
Part 3 Jurisdiction of Commission
11 President to be notified by Registrar
11 President to be notified by Registrar
11 President to be notified by Registrar
(1) It is the duty of the Registrar, as soon as practicable after receiving a notice under section 7, to furnish the President with a report containing a copy of the notice and such other matters as the Registrar thinks appropriate.
(2) Subject to any directions of the President, subsection (1) does not apply if the Registrar is of the opinion that the Commission would make no orders in consequence of the notice.
(3) The Registrar may, of his or her own motion, furnish the President with a report where the Registrar is of the opinion that an employer has or may have contravened or failed to comply with this Act in any respect or that a notice under section 8 contains or may contain inadequate, false or misleading particulars.
s 11: Am 2016 No 48, Sch 2.16 [2]; 2023 No 41, Sch 2.15[2].
12 Report to be considered by Commission
12 Report to be considered by Commission
12 Report to be considered by Commission
(1) The Commission has jurisdiction to consider and inquire into a report referred to the President under section 11 and, in consequence thereof, to make such orders under this Act as appear to be just and proper.
(1A) Where, in relation to a report referred to in subsection (1), the Commission receives a request in or to the effect of the prescribed form from a union or from an employer to whom the report relates for the Commission to exercise its jurisdiction under this Act, the Commission shall forthwith proceed to exercise its jurisdiction under this Act in relation to that report.
(1B) Where, in relation to a report referred to in subsection (1), no such request is made to the Commission by—
(a) an industrial union of employers or an employer to whom the report relates—within the period of 21 days after the date on which the Registrar received the relevant notice under this Act, or
(b) an industrial union of employees—within the period of 21 days after the date on which the Registrar first sent such a union a copy of the notice for the purposes of section 10,
the Commission shall forthwith proceed to exercise its jurisdiction under this Act in relation to that report.
(1C) The regulations may, in any case or class of cases, vary any period referred to in subsection (1A) or (1B), and those subsections shall, in any such case or class of cases, have effect subject to and in accordance with any such variation.
(2) Notwithstanding anything in section 30B of the Principal Act, but subject to section 15 of this Act, the jurisdiction of the Commission under this Act may be exercised by—
(a) a member, or
(b) a conciliation commissioner,
to whom consideration of the report is for the time being allocated by the President.
(3) The Commission may exercise its jurisdiction under this Act in relation to a termination or proposed termination of employment notwithstanding that the employer has contravened or failed to comply with this Act or the regulations in any respect, and may do so as if that contravention or failure had not occurred.
s 12: Am 1983 No 19, Sch 1 (3); 2016 No 48, Sch 2.16 [3]; 2023 No 41, Sch 2.15[3].
13 Conferences and conciliation
13 Conferences and conciliation
13 Conferences and conciliation
The Commission—
(a) is empowered to endeavour, by all means which it deems proper and necessary, to settle by means of conciliation any matter to which a report under section 11 relates, and
(b) shall take all reasonable steps to effect an amicable settlement in relation to any such matter and for this purpose is empowered to adjourn any proceedings at any stage to enable the persons concerned to negotiate with a view to a settlement by amicable arrangements.
14 Orders of Commission
14 Orders of Commission
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,
This is an opening excerpt, not the complete document.