Fair Work Act 2009

The FWC may make an order under subsection 787(1) if it is satisfied that:

an employer has decided to terminate the employment of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons; and

the employer has not complied with subsection (2) (which deals with notifying relevant registered employee associations) or subsection (3) (which deals with consulting relevant registered employee associations); and

the employer could reasonably be expected to have known, when he or she made the decision, that one or more of the employees were members of a registered employee association.

An employer complies with this subsection if:

the employer notifies each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, of the following:

the proposed terminations and the reasons for them;

the number and categories of employees likely to be affected;

the time when, or the period over which, the employer intends to carry out the terminations; and

the notice is given:

as soon as practicable after making the decision; and

before terminating an employee’s employment in accordance with the decision.

An employer complies with this subsection if:

the employer gives each registered employee association of which any of the employees was a member, and that was entitled to represent the industrial interests of that member, an opportunity to consult the employer on:

measures to avert or minimise the proposed terminations; and

measures (such as finding alternative employment) to mitigate the adverse effects of the proposed terminations; and

the opportunity is given:

as soon as practicable after making the decision; and

before terminating an employee’s employment in accordance with the decision.