Industrial Relations Act 2016

The employer may dismiss the employees only if the employer, as soon as practicable after making the decision, notifies—

the Commonwealth department or agency whose primary function is helping unemployed people find work; and

each employee organisation of which any of the employees is a member.

The notice must state—

the number and categories of employees being dismissed; and

the reasons for the dismissals; and

the time when, or the period over which, the employer intends to carry out the dismissals.

If satisfied an employer has dismissed, or proposes to dismiss, an employee without giving the notice, the commission may make any or all of the following orders—

any of the orders it may make under section 321(2), (3) or (4);

an order imposing on the employer a penalty of not more than 16 penalty units;

an order that the employer pay the employee an amount of not more than the monetary value of 135 penalty units;

an order declaring the dismissal ineffective until the employer has given the notice.

An application for an order may be made by—

an employee, including a dismissed employee; or

an organisation whose rules entitle it to represent the employee’s industrial interests; or

an inspector.

The commission may order that a penalty, or part of a penalty, under subsection (3)(b) be paid to any person who may have made the application, other than an officer or employee of the State or a public service officer.

If a part of a penalty is ordered to be paid to a person under subsection (5), that part of the penalty must be paid first.

The remainder of the penalty must then be paid to the consolidated fund.

A failure to give a notice is not an offence.