Employment Protection Act 1982 (NSW)

Employment Protection Act 1982 No 122

An Act to require the giving of notice in relation to the termination or proposed termination of employment in certain cases; to confer jurisdiction on the Industrial Commission of New South Wales in relation to any such termination or proposed termination; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Employment Protection Act 1982.

2 Commencement (1) Sections 1 and 2 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette. (3) Sections 7 and 8 do not apply in relation to any termination or proposed termination of employment if— (a) where notice of the termination is or was given to the employee—the notice is or was given before the end of the period of 7 days commencing on and including the day appointed and notified under subsection (2), or (b) where notice of the termination is not or was not given to the employee—the termination occurs or occurred before the end of that period.

3 (Repealed)

4 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— agreement means an agreement within the meaning of the Principal Act. apprentice means an apprentice within the meaning of the Principal Act. award means an award within the meaning of the Principal Act. Commission means the Industrial Relations Commission. conciliation commissioner means a conciliation commissioner appointed under the Principal Act. employee means a person employed by an employer, and includes an apprentice, but does not include an employee of the Crown within the meaning of the Principal Act. employer means a person, firm, company or corporation employing persons working in any industry within the meaning of the Principal Act, whether on behalf of himself, herself or itself or any other persons, and includes a person employing an apprentice, but does not include the Crown or a public authority within the meaning of the Principal Act. group means a group referred to in section 5. member means a judicial member of the Commission or a non-judicial member of the Commission. President means the President of the Commission. Principal Act means the Industrial Arbitration Act 1940. Registrar means the industrial registrar appointed under the Principal Act. regulations means regulations under this Act. superannuation scheme means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided. union means an industrial union registered as such under the Principal Act. (2) A reference in this Act to an employee or employer includes a reference to a person who was an employee or employer before the employment concerned was terminated.