Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_113
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 113
Character Range: 614521–615677

113  Before subsection 170CE(6)
Insert:

 (5E) An application under subsection (1) must not be made on the ground referred to in paragraph (1)(a), or on grounds that include that ground, if, at the relevant time, the employer employed 100 employees or fewer, including:
 (a) the employee whose employment was terminated; and
 (b) any casual employee who had been engaged by the employer on a regular and systematic basis for at least 12 months;
but not including any other casual employee.

 (5EA) For the purposes of calculating the number of employees employed by an employer as mentioned in subsection (5E), related bodies corporate (within the meaning of section 50 of the Corporations Act 2001) are taken to be one entity.

 (5F) For the purposes of subsection (5E):
 (a) the relevant time is the time when the employer gave the employee the notice of termination, or the time when the employer terminated the employee's employment, whichever happened first; and
 (b) for the purposes of calculating the number of employees employed by the employer, employee has the same meaning as in paragraph (b) of the definition of that term in section 170CAA.