Australian
Industrial Relations Commission NOTICE OF
EMPLOYER'S APPEARANCE - TERMINATION OF EMPLOYMENT
| Commission
use only Date received
|
Workplace
Relations Act 1996 (Cth) Section
170CE
|
Please place a tick or
cross where necessary in the boxes below
|
Application details (as stated in Form R18)
|
1 Applicant’s full name Mr ¨ Mrs ¨ Ms ¨
| (first name) (family name) |
2 Commission Case/File Number
| U
|
Employer details
|
3 Employer
named on application
|
4 Has the applicant given the employer's
correct name?
| Yes ¨ No ¨
If no, correct name is
|
5 Address
| postcode |
6 Contact person
| (first name) (family name) (phone) (fax) (mobile) |
7 Employer details
| ¨ Company ACN/ABN_______________ ¨ Partnership ¨ Sole trader ¨ Government
Authority ¨ Other
(specify)
|
8 Was the employer named in 3 or 4 above the
employer of the applicant at the time of termination?
| ¨ Yes ¨ No
If no, give name and address of employer at time of termination
|
9 Was the applicant employed under an award
or agreement (including an Australian Workplace Agreement) immediately prior
to the termination?
| ¨ Yes ¨ No
If yes, was it Federal or State? Federal ¨ or State ¨ If State,
which State?
|
Representation
details |
10 Is anyone
representing the employer?
| Yes ¨ go to 11 No ¨ go to 14
|
11 Name of solicitor, legal firm, employer
organisation or other representative
|
12 Contact details of solicitor, legal firm,
employer organisation or other representative
| (first name) (family name) (phone) (fax) (mobile) |
13 Address of solicitor, legal firm, employer
organisation or other representative
| postcode |
Address for notices
|
14 Where does the employer want notices sent?
| Address in 5 ¨ or address in 13 ¨ (choose one only)
|
Reasons for
termination
|
15 Brief summary of reason(s) given for
termination
| (write here or attach
document)
|
Late lodgment objection (if applicable)
|
16 If the application was lodged in the
Commission more than 21 days after the day on which the termination took
effect, the Commission must decide whether to accept the application. The
Commission may accept an application that is lodged out of time if the
Commission considers that it would be unfair not to do so. If the
application was lodged out of time, please indicate whether the employer
intends to object to the Commission extending the time for lodgment.
|
¨
| I object to the Commission
extending the time for lodgment and also object to conciliation before
determination of the application to extend time; OR
|
¨
| I object to the Commission
extending the time for lodgment but do not object to conciliation
before determination of the application to extend time; OR
|
¨
| I do not object to the
Commission extending the time for lodgment.
|
Jurisdictional objection (if applicable)
|
17 If the
employer believes the Commission does not have jurisdiction in the matter,
please indicate whether the employer intends to object to the Commission
hearing the application.
|
¨
| I object, on
jurisdictional grounds, to the Commission hearing the application and also
object to conciliation before determination of the jurisdictional issue
(documentation that you will rely on to substantiate your jurisdictional
objection must accompany this Notice); OR
|
¨
| I object, on
jurisdictional grounds, to the Commission hearing the application but do not
object to conciliation before determination of the jurisdictional issue; OR
|
¨
| I do not object,
on jurisdictional grounds, to the Commission hearing the application.
|
18 If the employer is objecting on
jurisdictional grounds, please indicate the basis of the objection (section
170CC Workplace Relations Act 1996 and regulations 30B and 30BB Workplace
Relations Regulations 1996).
|
¨
| The applicant was
engaged under a contract of employment for a specified period of time.
|
¨
| The applicant was
engaged under a contract of employment for a specified task.
|
¨
| The applicant was
serving a period of probation or a qualifying period of employment, the
duration or maximum duration of which was determined in advance and was three
months or less, or otherwise reasonable given the nature and circumstances of
the employment.
|
¨
| The applicant was
a casual employee engaged for a short period. A casual employee is
taken to be engaged for a short period unless: (a) the employee is engaged by a particular
employer on a regular and systematic basis for a sequence of periods of
employment during a period of at least 12 months; and (b) the employee has, or but for a decision
by the employer to terminate the employee’s employment, would have had, a
reasonable expectation of continuing employment by the employer. (Subregulation
30B (3) Workplace Relations Regulations 1996).
|
¨
| The applicant was
a trainee employed under a traineeship agreement or an approved traineeship
for a specified period, or whose employment was for any other reason limited
to the duration of the agreement.
|
¨
| The applicant was
not employed under award conditions and whose annual remuneration immediately
before termination exceeded a specified rate ($69 200, July 1999).
|
¨
| The applicant is
not covered by a federal award or agreement (may only be a relevant
objection in NSW, Qld, WA, SA, Tas).
|
¨
| The employer is not a constitutional corporation (may only be a
relevant objection in WA, SA & Tas).
|
¨ Other
jurisdictional grounds (please
specify)
|
Declaration |
I declare that all the facts in this notice are
correct and complete to the best of my knowledge and belief.
|
The employer must sign this notice unless a
solicitor, legal firm, employer organisation or other representative has
prepared the notice.
| (signature of employer) (date) / /
|
(signature of solicitor, legal firm, employer
organisation or other representative) (date)
/ /
|