Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 785

Employer to notify Centrelink of certain proposed terminations

  (1)   If an employer decides 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, the employer must give a written notice about the proposed terminations to the Chief Executive Officer of the Commonwealth Services Delivery Agency (Centrelink).

  (2)   The notice must be in the form (if any) prescribed by the regulations and set out:

  (a)   the reasons for the terminations; and

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

  (c)   the time when, or the period over which, the employer intends to carry out the terminations.

  (3)   The notice must be given:

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

  (b)   before terminating an employee's employment in accordance with the decision.

  (4)   The employer must not terminate an employee's employment in accordance with the decision unless the employer has complied with this section.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).

  (5)   The orders that may be made under subsection   545(1) in relation to a contravention of subsection   (4) of this section:

  (a)   include an order requiring the employer not to terminate the employment of employees in accordance with the decision, except as permitted by the order; but

  (b)   do not include an order granting an injunction.


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