Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:3a_167
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 3A cl 167
Character Range: 1211178–1212917

167  Certain small businesses not bound by requirement to pay redundancy pay

 (1) This section applies to a State law, a State award, a State authority order or a Territory law (each of which is an eligible instrument).

 (2) If an eligible instrument would, apart from this section, have the effect of requiring a relevant employer that employs fewer than 15 employees to pay redundancy pay, the eligible instrument does not have that effect.

 (3) For the purposes of subsection (2):
 (a) whether a relevant employer employs fewer than 15 employees is to be worked out as at the time (the relevant time):
 (i) when notice of the redundancy is given by the employer or by the employee who becomes redundant; or
 (ii) when the redundancy occurs;
  whichever happens first; and
 (b) a reference to employees includes a reference to:
 (i) the employee who becomes redundant and any other employee who becomes redundant at the relevant time; and
 (ii) any casual employee who, at the relevant time, has been engaged by the relevant employer on a regular and systematic basis for at least 12 months (but not including any other casual employee).

 (4) In this section:

relevant employer means:
 (a) in the case of a State law, a State award or a State authority order—a constitutional corporation; or
 (b) in the case of a Territory law—any employer.

State authority order means an order made, or any other thing done, by a State industrial authority.

State law means a law of a State (including any regulations or other instruments made under a law of a State), but does not include a State employment agreement.

Territory law means a law of a Territory (including any regulations or other instruments made under a law of a Territory).