Industrial Relations Act 2016

This subdivision applies to an employee if—

an applicable industrial instrument applies to the employee; and

the employee’s employment is terminated because the employer no longer requires the job done by the employee to be done by anyone.

However, this subdivision does not apply if the employee’s employment is terminated because of the ordinary and customary turnover of labour.

Also, this subdivision does not apply to any of the following employees—

a casual employee;

an employee whose period of continuous service with the employer is less than 1 year;

an employee employed for a fixed period, for a fixed task, or for the duration of a particular season;

an employee participating in a labour market program;

another employee prescribed by regulation or an applicable industrial instrument as an employee to whom this division does not apply.

Note—

In relation to an employee whose employment is terminated due to the transfer of the employee’s calling, see part 4.

Subsection (3)(c) does not prevent this subdivision applying to an employee if a substantial reason for employing the employee as mentioned in the subsection was to avoid the application of this division.