Section 759 — Fair Work Act 2009: Extending entitlement to notice of termination or payment in lieu of notice

Extension of Subdivision A of Division 11 of Part 2-2 and related provisions (1) The provisions of Subdivision A of Division 11 of Part 2-2, and the related provisions identified in subsection (2), apply in relation to a non-national system employee as if: (a) any reference in the provisions to a national system employee also included a reference to a non-national system employee; and (b) any reference in the provisions to a national system employer also included a reference to a non-national system employer. Note 1: Subdivision A of Division 11 of Part 2-2 provides for notice of termination or payment in lieu of notice. Note 2: This subsection applies to express references to national system employees and national system employers, and to references that are to national system employees and national system employers because of section 60 or another similar section. (2) The related provisions are the following, so far as they apply in relation to Subdivision A of Division 11 of Part 2-2 as it applies because of subsection (1): (a) the provisions of Division 2, Subdivision C of Division 11, and Division 13, of Part 2-2; (b) any other provisions of this Act prescribed by the regulations; (c) any provisions of this Act that define expressions that are used (directly or indirectly) in provisions of Subdivision A of Division 11 of Part 2-2, or in provisions referred to in paragraph (a) or (b) of this subsection. Modifications are set out in Subdivision B (3) The extended notice of termination provisions have effect subject to the modifications provided for in Subdivision B. The extended notice of termination provisions are the provisions of Subdivision A of Division 11 of Part 2-2, and the related provisions identified in subsection (2) of this section, as they apply because of this section. Regulations made for the purpose of provisions (4) Subsection (1) also applies to any regulations made for the purpose of a provision to which that subsection applies, other than a provision that is modified by Subdivision B.