Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_170cee
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 170CEE
Character Range: 620812–622831

170CEE  Dismissal of application relating to termination for operational reasons

 (1) If:
 (a) an application is made, or is purported to have been made, under subsection 170CE(1):
 (i) on the ground referred to in paragraph 170CE(1)(a); or
 (ii) on grounds that include that ground; and
 (b) either:
 (i) the respondent has moved for the dismissal of the application on the ground that the application is outside the jurisdiction of the Commission because the employee's employment was terminated for genuine operational reasons or for reasons that include genuine operational reasons; or
 (ii) it appears to the Commission, on the face of all the materials before it, that the employee's employment may have been terminated for genuine operational reasons or for reasons that include genuine operational reasons;
the Commission must hold a hearing to deal with the operational reasons issue before taking any further action in relation to the application, other than dealing with a matter on the papers as provided by section 170CEA, 170CEB, 170CEC or 170CED.

 (2) If, as a result of the hearing, the Commission is satisfied that the operational reasons relied on by the respondent were genuine, the Commission must:
 (a) if subparagraph (1)(a)(i) applies—make an order dismissing the application; or
 (b) if subparagraph (1)(a)(ii) applies—make an order dismissing the application to the extent that it is made on the ground referred to in paragraph 170CE(1)(a).

 (3) Subject to any right of appeal to a Full Bench of the Commission, a finding by the Commission that it is not satisfied that the operational reasons relied on by the respondent were genuine is final and binding between the parties in any proceedings before the Commission.

 (3A) To avoid doubt, this section does not require the Commission to hold a hearing in relation to an application that has been dismissed under subsection 170CEA(5) or 170CEB(1).

 (4) In this section:

operational reasons has the meaning given by subsection 170CE(5D).