Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:3a_6
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 3A cl 6
Character Range: 1212917–1213847

6  At the end of section 170FA
Add:

 (3) In so far as an order is made for the purposes of Article 12 of that Convention, the Commission must not make an order in relation to the matter of redundancy pay by an employer of fewer than 15 employees.

 (4) For the purposes of subsection (3):
 (a) whether an 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 employer on a regular and systematic basis for at least 12 months (but not including any other casual employee).