South Australia

Industrial and Employee Relations (Exemption of Small Business) Amendment Bill 2003

A Bill For

An Act to amend the Industrial and Employee Relations Act 1994.

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Amendment provisions

Part 2—Amendment of Industrial and Employee Relations Act 1994

4 Amendment of section 105A—Application of this Part

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Industrial and Employee Relations (Exemption of Small Business) Amendment Act 2003.

2—Commencement

This Act will come into operation 1 month after assent.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Industrial and Employee Relations Act 1994

4—Amendment of section 105A—Application of this Part

Section 105A(1)—delete subsection (1) and substitute:

(1) This Part does not apply to—

(a) a non-award employee whose remuneration immediately before the dismissal took effect is $66 200 (indexed) or more a year; or

(b) an employee who—

(i) was, at the relevant time, employed in a small business; and

(ii) has, at the relevant time, been employed in the business on a regular and systematic basis for less than 12 months.

The relevant time is, if notice of dismissal is given, the time the notice is given and, if not, the time the dismissal takes effect.

A small business is the business of an employer who, at the relevant time, employs not more than 15 employees in the business (disregarding casual employees who are not employed on a regular and systematic basis). However, if an employer or a group of associated employers divide a business in which more than 15 employees are employed into a number of separate businesses, a business resulting from the division is not to be regarded as a small business even though not more than 15 employees are employed in the business.