786FWC may make orders where failure to notify or consult registered employee associations about terminations

786 FWC may make orders where failure to notify or consult registered employee associations about terminations

(1) The FWC may make an order under subsection 787(1) if it is satisfied that:

(a) an employer has 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

(b) the employer has not complied with subsection (2) (which deals with notifying relevant registered employee associations) or subsection (3) (which deals with consulting relevant registered employee associations); and

(c) the employer could reasonably be expected to have known, when he or she made the decision, that one or more of the employees were members of a registered employee association.

Notifying relevant registered employee associations

(2) An employer complies with this subsection if:

(a) the employer notifies each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, of the following:

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

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

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

(b) the notice is given:

(i) as soon as practicable after making the decision; and

(ii) before terminating an employee’s employment in accordance with the decision.

Consulting relevant registered employee associations

(3) An employer complies with this subsection if:

(a) the employer gives each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:

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

(ii) measures (such as finding alternative employment) to mitigate the adverse effects of the proposed terminations; and

(b) the opportunity is given:

(i) as soon as practicable after making the decision; and

(ii) before terminating an employee’s employment in accordance with the decision.