Payroll Tax Rebate Scheme (Jobs Action Plan) Regulation 2015 (NSW)

1Name of Regulation

This Regulation is the Payroll Tax Rebate Scheme (Jobs Action Plan) Regulation 2015.

2Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

3Interpretation(1)

In this Regulation:

the Act means the Payroll Tax Rebate Scheme (Jobs Action Plan) Act 2011.

(2)

Notes included in this Regulation do not form part of this Regulation.

4Prescribed matters for designation of employers

For the purposes of section 8A (2) of the Act, the following matters are prescribed:

• (a)

  the scale of retrenchments affecting an employer’s business and the part of the State in which the business is located, having regard to the principle that no fewer than 100 retrenchments affecting a business located in the metropolitan area, and no fewer than 50 retrenchments affecting a business located in the non-metropolitan area, should be considered sufficient for the employer to be a designated employer,

• (b)

  the employment sector in which the retrenchments have occurred, having regard to the principle that a Public Service agency (within the meaning of the Government Sector Employment Act 2013) should not be a designated employer,

• (c)

  whether the retrenchments are likely to significantly affect a particular industry or region of the State,

• (d)

  whether the opportunities for re-employment of retrenched employees are limited because of the nature of the employer’s business,

• (e)

  other matters that the Minister considers appropriate.

5Prescribed redundancy

For the purposes of the definition of prescribed redundancy in section 15 (6) of the Act, a genuine redundancy within the meaning of section 389 of the Fair Work Act 2009 of the Commonwealth is prescribed.

6Extension of scheme closure date—Electrolux employees

The scheme closure date is extended to 30 June 2017 in respect of the employment of any employee who was employed at the Electrolux factory in Orange and whose employment at that factory was terminated during the period between 1 January 2014 and 30 June 2017.

7Savings and transitional provision—Electrolux employees

Clause 6 continues to have effect as if the amendments to the Act made by the Payroll Tax Rebate Scheme (Jobs Action Plan) Amendment (Extension) Act 2015 had not been made.