Workplace Relations Amendment (Fair Termination) Act 2003
No. 104, 2003
An Act to amend the Workplace Relations Act 1996 and the Workplace Relations Regulations 1996, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Exclusion of certain employees from termination provisions
Part 1—Amendments
Workplace Relations Act 1996
Workplace Relations Regulations 1996
Part 2—Application provision
Schedule 2—Fees for lodging termination applications
Workplace Relations Act 1996
Workplace Relations Amendment (Fair Termination) Act 2003
No. 104, 2003
An Act to amend the Workplace Relations Act 1996 and the Workplace Relations Regulations 1996, and for related purposes
[Assented to 16 October 2003]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Workplace Relations Amendment (Fair Termination) Act 2003.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent | 16 October 2003 |
2. Schedule 1 | A single day to be fixed by Proclamation, subject to subsection (3) | 27 November 2003
(s 2(1); Gazette 2003, GN47) |
3. Schedule 2 | A single day to be fixed by Proclamation, subject to subsection (3) | 27 November 2003
(s 2(1); Gazette 2003, GN47) |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
(3) If a provision covered by item 2 or 3 of the table does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
3 Schedule(s)
(1) Each Act, and each set of regulations, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
(2) The amendment of a set of regulations under subsection (1) does not prevent the regulations, as so amended, from being amended or repealed by the Governor‑General.
(3) To avoid doubt, regulations amended under subsection (1) are taken still to be regulations.
Schedule 1—Exclusion of certain employees from termination provisions
Part 1—Amendments
Workplace Relations Act 1996
1 After section 170CB
Insert:
170CBA Exclusions
Exclusions from Subdivisions B, D, E and F and sections 170CL and 170CM
(1) The following kinds of employee are excluded from the operation…
Overview
The Workplace Relations Amendment (Fair Termination) Act 2003, enacted by the Parliament of Australia, amends the Workplace Relations Act 1996 and the Workplace Relations Regulations 1996 to introduce specific exclusions for certain categories of employees from the termination provisions. The Act was introduced to address issues surrounding the fair termination of employment by clarifying which employees are excluded from the termination provisions. These exclusions aim to ensure that certain temporary, probationary, and specific contract employees are not subject to the same termination regulations as permanent employees. The Act also includes provisions for fees associated with lodging termination applications and stipulates conditions under which these fees may be waived or refunded.
The policy objective of this Act is to provide clarity and fairness in the termination of employment by specifically excluding certain groups of employees from the broader termination regulations, thus protecting the rights of both employers and employees in various employment scenarios. The amendments and exclusions introduced by this Act are designed to balance the interests of employers and employees, ensuring that the termination provisions are applied fairly and consistently across different employment contexts.
Scope and Application
The Workplace Relations Amendment (Fair Termination) Act 2003 amends the Workplace Relations Act 1996 and the Workplace Relations Regulations 1996, introducing specific exclusions from termination provisions for certain employees. The Act applies to employees engaged under contracts for specified periods or tasks, those on probation, casual employees engaged for short periods, trainees under specified agreements, and employees not covered by award conditions and certain remuneration rates. The Act excludes casual employees engaged for short periods, daily hire employees in the building and construction or meat industries, and weekly hire employees in the meat industry terminated due to seasonal factors. Notably, employees excluded from these provisions may still seek remedies under state laws. The amendments apply to terminations of employment occurring after the specified commencement dates of the Act's provisions. Additionally, the Act introduces fees for lodging termination applications, subject to hardship exemptions and refund provisions if applications are discontinued under certain conditions. The Act’s amendments and regulations are subject to further modifications through subordinate instruments.
Key Provisions
- The Workplace Relations Amendment (Fair Termination) Act 2003 amends the Workplace Relations Act 1996 (WRA) and the Workplace Relations Regulations 1996 to introduce specific exclusions from certain termination provisions. Section 170CBA introduces exclusions from Subdivisions B, D, E, and sections 170CL and 170CM for certain types of employees, including those engaged under a contract for a specified period or task, employees serving a probationary period, casual employees engaged for a short period, trainees, and employees not covered by award conditions or whose remuneration exceeds specified rates. The Act also excludes certain employees from sections 170CL and 170CM and Subdivisions D and E, such as casual employees (except those engaged for a short period), daily hire employees in specific industries, and weekly hire employees whose termination is determined by seasonal factors. The Act further validates certain provisions that were previously deemed invalid and introduces fees for lodging termination applications.
- The Act imposes specific obligations on employers and employees. Employers must ensure that their employment contracts and practices comply with the exclusions outlined in the Act. Employees who believe they are excluded from the termination provisions but have been unfairly terminated may still seek remedies under state laws. Additionally, the Act mandates that fees be paid for lodging termination applications under the WRA, with provisions for hardship exemptions and fee refunds in certain circumstances.
- The Act also outlines consequences for non-compliance. While specific criminal or civil penalties are not detailed in the Act, non-compliance with the termination provisions could result in legal challenges or remedies sought by affected employees under state laws. Employers found to have engaged in unfair termination practices may face litigation and potential damages. The Act ensures that the rights and liabilities of parties are preserved as if the invalid provisions had been valid, protecting those who were subject to proceedings before the Act's commencement.
- Area of Law
- Employment & Labour Law
- Commercial Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Licensing & Registration
- Reporting & Disclosure Obligations
