South Australian Consolidated Acts

FAIR WORK ACT 1994 - SECT 72B

72B—Special provision relating to severance payments

        (1)         The Full Commission must establish a minimum standard for severance payments on termination of employment for redundancy that will apply in the manner contemplated by subsection (5).

        (2)         The Full Commission may thereafter, on application by a peak entity—

            (a)         review the minimum standard for severance payments on termination of employment for redundancy in force under this section; and

            (b)         if satisfied that a variation of the minimum standard is necessary or desirable to give effect to the objects of this Act—substitute a fresh minimum standard.

        (3)         An application under subsection (2) must not be made within 2 years after the completion of previous proceedings to establish or review the standard by the Full Commission.

        (4)         The Full Commission, in acting under this section—

            (a)         must ensure that each peak entity is notified of the relevant proceedings and allowed a reasonable opportunity to make representations; and

            (b)         may (as it thinks fit) receive and take into account oral or written representations (or both) from any other person or persons who have, in the opinion of the Full Commission, a proper interest in the matter.

        (5)         The Commission may, on application by—

            (a)         an employee (or a group of employees); or

            (b)         a registered association acting on behalf of an employee or a group of employees,

make an order applying the minimum standard for severance payments in such manner as the Commission thinks fit.

        (6)         An application may be made under subsection (5) if (and only if)—

            (a)         —

                  (i)         the relevant employee or employees have been given notice of a pending redundancy or redundancies; or

                  (ii)         the employment of the relevant employee or employees has been terminated for redundancy; and

            (b)         the application is made within 21 days after the notice is given or the employment is terminated.

        (7)         An order under subsection (5)—

            (a)         need not be made by the Full Commission; and

            (b)         may provide for the variation of the minimum standard for severance payments in the circumstances of the particular case; and

            (c)         may be made on such conditions as the Commission thinks fit.

        (8)         The Commission must only act under subsection (7)(b) if satisfied that there are cogent reasons for doing so.