Workplace Relations Amendment Regulations 1998 (No. 2) (Cth)
Workplace Relations Amendment Regulations 1998 (No. 2)
Statutory Rules 1998 No. 338
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the
Workplace Relations Act 1996 . Dated 17 December 1998.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
PETER REITH
Minister for Employment, Workplace Relations
and Small Business
made under the
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These regulations are the
Workplace Relations Amendment Regulations 1998 (No. 2) .
These regulations commence on gazettal.
Schedule 1 amends the Workplace Relations Regulations.
(regulation 3)
insert
30BAA Excluded qualifying period employees (Act, s 170CC (1)) (1)An employee to whom subregulation (2) applies is excluded from the operation of:
(a) paragraph 170CE (1) (a) of the Act; and
(b) paragraph 170CE (1) (c) of the Act (to the extent that paragraph 170CE (1) (c) relates to paragraph 170CE (1) (a)).
(2) This subregulation applies to an employee of an employer if the employee:
(a) was first employed by the employer after the commencement of this regulation; and
(b) was not an apprentice; and
(c) was not a trainee under a training agreement between the employee and the employer that, immediately before an event mentioned in subparagraph (d) (i) or (ii), was registered by a State or Territory training authority; and
(d) had not completed a period of at least 6 months of continuous service for the employer when the first of the following events happened:
(i) the employer gave notice to the employee of termination of the employee’s employment;
(ii) the employer terminated the employee’s employment.
(3) For paragraph (2) (d), the following events must be disregarded in ascertaining the employee’s period of continuous service:
(a) a termination, suspension, stand down or other interruption to the period that is imposed by the employer to prevent the employee from completing a period of at least 6 months of continuous service for the employer;
(b) an absence mentioned in paragraph 30CB (1) (b);
(c) an absence mentioned in paragraph 30CB (1) (c) or (d) in relation to which the requirement of paragraph 30CB (2) (a) or (b) is met by the employee;
(d) an absence mentioned in paragraph 30CB (1) (e) that is not to be treated, in accordance with a determination of the Commission or a State industrial authority, as affecting the period of qualifying service of the employee;
(e) any other absence of the employee from work, unless the employer has given the employee notice that the employer will treat the absence as breaking the employee’s continuity of service with the employer.
(4) For paragraph (3) (e), notice:
(a) must be given:
(i) in writing; and
(ii) by personal delivery to the employee or by post to the address of the employee last known to the employer; and
(iii) during, or no later than 14 days after the end of, the absence; and
(b) may be withdrawn by the employer and, if withdrawn, is taken not to have been given.
30BAB Excluded small business employees (Act, s 170CC (1)) (1)An employee to whom subregulation (2) applies is excluded from the operation of:
(a) paragraph 170CE (1) (a) of the Act; and
(b) paragraph 170CE (1) (c) of the Act (to the extent that paragraph 170CE (1) (c) relates to paragraph 170CE (1) (a)).
(2) This subregulation applies to an employee of an employer if:
(a) the employee was first employed by the employer after the commencement of this regulation; and
(b) the employee was not an apprentice; and
(c) the employee was not a trainee under a training agreement between the employee and the employer that, immediately before an event mentioned in subparagraph (d) (i) or (ii), was registered by a State or Territory training authority; and
(d) the employer’s undertaking was an undertaking in which no more than 15 employees were employed when the first of the following events happened:
(i) the employer gave notice to the employee of termination of the employee’s employment;
(ii) the employer terminated the employee’s employment.
(3) For paragraph (2) (d), a casual employee is not taken to be an employee unless the casual employee:
(a) has been employed on a regular and systematic basis in the undertaking in a period of at least 12 months, or in a number of periods totalling at least 12 months, when the first of the events mentioned in that paragraph happens; or
(b) is the employee to whose employment that event relates.
1. These regulations amend Statutory Rules 1989 No. 12, as amended by 1989 Nos. 107 and 288; 1990 Nos. 328 and 461; 1991 Nos. 9, 11, 73, 137 and 366; 1992 Nos. 81, 139, 158, 232, 274, 339, 351, 357, 435 and 436; 1993 Nos. 22, 23, 41, 61, 128 and 330; 1994 Nos. 68, 79, 185, 244, 287 and 386; 1995 Nos. 376 and 434; 1996 Nos. 80, 168, 269, 307, 328, 329 and 351; 1997 Nos. 48, 56, 101 (regulation 4 was disallowed by the Senate on 26 June 1997), 246, 281, 313, 314 (disallowed by the Senate on 25 March 1998) and 424; 1998 No. 187.
2. Made by the Governor-General on 17 December 1998, and notified in the
Commonwealth of Australia Gazette
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