Document ID: chunk:federal_register_of_legislation:C2004C01258:clause:1_10a
Version: federal_register_of_legislation:C2004C01258
Segment Type: clause
Provision Reference: sch 1 cl 10A
Character Range: 4557–5500

10A  After subsection 170CE(5)
Insert:

 (5A) 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, unless the employee concerned had completed the qualifying period of employment with the employer at the earlier of the following times:
 (a) the time when the employer gave the employee the notice of termination;
 (b) the time when the employer terminated the employee's employment.

 (5B) For the purposes of subsection (5A), the qualifying period of employment is:
 (a) 3 months; or
 (b) a shorter period, or no period, determined by written agreement between the employee and employer before the commencement of the employment; or
 (c) a longer period determined by written agreement between the employee and employer before the commencement of the employment, being a reasonable period having regard to the nature and circumstances of the employment.