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Employment Protection Regulation 2001.

Main Region

First Region

Australia
New South Wales
Employment security, termination of employment
2001-08-31
Non-Metropolitan Territories
Regulation, Decree, Ordinance

Second Region

The object of this Regulation is to remake, without substantial alteration, the Employment Protection Regulation 1995. That Regulation will be repealed on 1 September 2001 under section 10 (2) of the Subordinate Legislation Act 1989.

Part 1 of this Regulation contains formal provisions.

Part 2 of this Regulation prescribes the classes of cases in which sections 7 and 8 of the Employment Protection Act 1982 do not apply. (Those sections require an employer to notify the Industrial Registrar of the employer's intention to terminate the employment of an employee and of the reasons for the termination.) The classes of cases include those of the following:
(a) employees who have been employed by the employer for less than 12 months,
(b) employees who are not covered by an award or agreement,
(c) employees who are paid severance pay at the rate set out in Schedule 1 to the Regulation.

Part 3 of this Regulation deals with notices required to be given under the Act. That Part, with Schedule 2 to the Regulation, prescribes the form that those notices are to take. The Part also contains provisions relating to the number of copies of certain notices that are required and the provision of further particulars in connection with the notices.

Part 4 of this Regulation contains the following miscellaneous provisions:
(a) a provision that, with Schedule 2, prescribes the form of a request for the exercise of certain jurisdiction under the Act,
(b) a savings provision relating to the Regulation that this Regulation replaces.

This Regulation is made under the Employment Protection Act 1982 and, in particular, under section 24 (the general regulation-making power) and the sections referred to in the Regulation.

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