s531: s 531 Notify and consult relevant unions before dismissing 15 or more employees
Where an employer decides to dismiss 15 or more employees for economic, technological, structural or similar reasons and could reasonably be expected to know that one or more are union members, it notifies each registered employee association of which any affected employee is a member and that can represent them of the proposed dismissals and reasons, numbers and categories and timing, as soon as practicable and before any dismissal, and gives each an opportunity to consult on measures to avert or minimise the dismissals and to mitigate their adverse effects; the FWC may otherwise make orders (ss 532, 533).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s531. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Notices to relevant unions with dates before any dismissal; Consultation meeting records on averting, minimising and mitigating dismissals; Record of union membership knowledge relied on
What usually goes missing
Unions informed after dismissals; No genuine opportunity to consult on alternatives; Award consultation clauses also overlooked
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.