Employment Protection Regulation 2022

This Regulation is the Employment Protection Regulation 2022.

This Regulation commences on 1 September 2022.

Note—

This Regulation replaces the Employment Protection Regulation 2017, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

In this Regulation—

termination of employment includes proposed termination of employment.

the Act means the Employment Protection Act 1982.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

This section applies to an employee who is, under the terms of the employee’s engagement as notified to the employee at the time of engagement, engaged on a trial basis for a specified period.

The Act, section 7 does not apply in relation to the termination of employment of the employee—

if the specified period of engagement on a trial basis is 6 months or less—before, or within 7 days after, the end of the period, or

otherwise—until 6 months after the commencement of the employment.

The Act, section 7 does not apply in relation to the termination of employment of an employee unless, at the time of termination, the employee has been, or will have been, continuously employed by the employer for at least 12 months.

This section applies if a business, undertaking or establishment or a part of it is, or is to be, transmitted from an employer (the transmitter) to another employer (the transmittee).

The Act, sections 7 and 8 do not apply in relation to the termination of a person’s employment with the transmitter if—

at the time of the transmission, the person is an employee of the transmitter in the business, undertaking, establishment or part of it, and

the person becomes, or is to become, an employee of the transmittee.

In this section—

transmission includes transfer, conveyance, assignment or succession, whether by agreement or by operation of law.

The Act, sections 7 and 8 do not apply in relation to the termination of employment of—

an employee who is paid, at or before the time of termination, a severance payment at least equal to the amount calculated in accordance with the rate specified in Schedule 1 for the employee, or

an employee whose employment is covered by an award or agreement that provides for the making of a severance payment to the employee in relation to the termination.

The Act, sections 7 and 8 do not apply in relation to the termination of employment of the following employees—

an employee to whom no award or agreement applies,

an employee to whom an order made by the Commission under the Act as a consequence of a report under the Act, section 11 applies,

an employee who, under the terms of the employee’s engagement as notified to the employee at the time of the employee’s engagement, is engaged for a specified period of time or for a specified task, and whose employment is not terminated before the end of the period or the completion of the task.

A notice under the Act, section 7 or 8 must contain the particulars specified in Schedule 2, Form 1.

A notice is taken not to have been served for the purposes of the Act, section 8(1) unless it contains the particulars.

An employer who serves a notice under the Act, section 7 or 8 that is not in the form set out in Schedule 2, Form 1 is guilty of an offence.

Maximum penalty—0.5 penalty unit.

Schedule 2, Form 2 is prescribed for the Act, section 12(1A).

An act, matter or thing that, immediately before the repeal of the Employment Protection Regulation 2017, had effect under that Regulation continues to have effect under this Regulation.