Unlawful Termination Assistance Scheme (UTAS)
Unlawful Termination
If you have lost your job and believe you may have been unlawfully terminated you may be eligible for assistance through the Unlawful Termination Assistance Scheme (UTAS).
The UTAS has been established to provide financial assistance to people who believe they may have been unlawfully terminated under Section 659 of the Workplace Relations Act 1996 on or after 27 March 2006. Grounds giving cause for unlawful termination claims include:
- temporary absence from work because of illness or injury
- trade union membership or participation in trade union activities
- non-membership of a trade union
- seeking office as, or acting or having acted in the capacity of, a representative of employees
- the filing of a complaint, or the participation in proceedings, against an employer
- race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin
- refusing to negotiate, make, sign, extend, vary or terminate an Australian Workplace Agreement (AWA) absence from work during maternity leave or other parental leave
- temporary absence from work because of the carrying out of a voluntary emergency management activity.
Unlawful Termination Assistance Scheme (UTAS)
Under UTAS, if you are eligible for assistance you may receive up to $4,000 (including GST) worth of independent legal advice on the merits of your claim to help you decide whether or not you have a case to take to court. Please note that the scheme does not cover costs of further arbitration and/or court proceedings if you decide to pursue the claim further.
The Department of Education, Employment and Workplace Relations administers the Scheme in accordance with the UTAS Operational Arrangements. You may be eligible for assistance under the Scheme if:
- you were terminated on or after 27 March 2006
- the Australian Industrial Relations Commission (AIRC) has issued you with a Certificate indicating your unlawful termination claim may have merit or its merits could not be determined and could not be resolved through conciliation
- your weekly earnings prior to termination were at or below the UTAS income threshold (see below) which is set at the average national full-time adult non-managerial total weekly earnings (published by the Australian Bureau of Statistics) before tax.
- Your AIRC Certificate must indicate that the matter before the Commission was in relation to a claim for unlawful termination (under Section 659 of the Workplace Relations Act 1996) for you to be eligible for UTAS assistance.
As at 28 February 2007 the UTAS income threshold was adjusted in line with the publication of a new average national full-time adult non-managerial total weekly earnings figure.
- If you were terminated on or after 28 February 2007 a UTAS income threshold of $54,487 per year or $1,045 per week applies.
- If you were terminated before 28 February 2007 the earlier UTAS income threshold of $47,747 per year or $915.70 per week applies.
You are not eligible for UTAS assistance if:
- you were terminated before 27 March 2006
- the Australian Industrial Relations Commission (AIRC) has issued you with a Certificate indicating your case does not have merit
- the AIRC Certificate was issued in relation to a claim for unfair dismissal, harsh or unjust termination
- your weekly earnings prior to termination were in excess of the income threshold of the Scheme unless you are seeking special consideration (please see below).
How do I apply for assistance?
To apply for assistance under the Scheme, you will need to complete a UTAS Application Form which can be found in the new UTAS Information Brochure.
You will also need to submit the following documentation with your completed form:
- a copy of your AIRC Certificate
- proof of income, including payslip(s) or PAYG summaries for the month prior to termination. If payslips are not available applicants may submit a statutory declaration together with bank statements showing deposits made by their employer into their account, or other supporting documentation.
Special consideration
If your income is higher than the Scheme income threshold and you feel your circumstances may warrant special consideration, you will need to fill out the UTAS Special Consideration Application Form (which can also found in the new UTAS Information Brochure) providing compelling reasons to support your claim for special consideration. The form also asks for details on income, expenditure, assets and liabilities for both you and your partner.
The UTAS Special Consideration Application Form must be completed and lodged along with the UTAS Application Form.
What happens to my application?
The Department aims to assess your application for assistance under the Scheme within five working days of receipt of your application.
The Department will send you a letter notifying you of the outcome of your application. If you are eligible, the Department will send you a voucher letter which will entitle you to seek legal advice on the merits of your claim for unlawful termination up to a maximum of $4,000 (including GST).
Legal practitioners will be able to provide advice to successful applicants if they are registered to provide UTAS services with the Law Society or Bar Association in their State or Territory. If you select a legal practitioner not on the UTAS register, they must first accept the terms and conditions for participation under the Scheme before providing you with advice on your claim.
Once you have received the legal advice, the Department will pay up to $4,000 (including GST) to the legal practitioner that provided the legal advice to you, subject to them having registered with the Law Society or Bar Association in their State or Territory. Where you select a legal practitioner that is not on the register, payment is subject to them having accepted the terms and conditions for participation under the Scheme prior to providing you with advice.
Links
UTAS operational arrangements (File size: 84.7Kb)
UTAS information brochure and application forms (File size: 414kb)
UTAS are you eligible? (File size: 96Kb)
UTAS terms and conditions of participation for legal practitioners (File size: 33.8Kb)
UTAS ‘how to’ guide for legal practitioners (File size: 143Kb)
Department of Education, Employment and Workplace Relations