'Dishonourable' Fair Work Act change

The Council of Small Business of Australia (COSBOA) has labelled the Federal Government "dishonourable" over a vital word change to the Fair Work Act that shifts the goal posts for small-to-medium business.

COSBOA CEO Jaye Radisich said the  Federal Government has implemented an 11th hour change to the Fair Dismissal Code on June 30, which now applies to small businesses under Federal workplace laws.

"The Federal Government has acted with extreme dishonour in relation to small businesses, and the implementation of the Fair Work Act," said Ms Radisich.

"I was astounded to learn from the Shadow Minister for Small Business, Steve Ciobo MP, that a significant change to the Fair Dismissal Code has been snuck through by the Government on the eve of the new workplace laws applying (July 1)."

"All citizens, including small business owners and managers, deserve to have faith in their government and know that the legislative and regulatory framework of our society has transparency and integrity. On this occasion, that faith has been seriously undermined.

"The Determination released by Senator Arbib in the absence of the Deputy Prime Minister, significantly changes the obligations for small businesses under the Fair Dismissal Code.

"The one word that has been covertly changed in the Code after months of consultation and negotiation, will cause a significant red-tape and procedural burden to small businesses - ultimately causing a real dollar cost," he said.

"Small business owners are fair and reasonable people. They are willing to work within whatever system they're confronted with, but they will not react well to the wool being pulled over their eyes," Ms Radisich said.

The Council of Small Business of Australia said it will take this matter to the Minister for Small Business and the Prime Minister, to seek an urgent re-issuing of the Determination in accordance with what has been agreed to and advertised by the Government to date.

 

REFERENCES:

Federal Register of Legislative Instruments F2009L02570 - Dated June 24, 2009:

Procedural Matters.

In discussions with an employee in circumstances where dismissal is possible, the employee can have another

person present to assist. However, the other person cannot be a lawyer acting in a professional capacity.

A small business employer will be required to provide evidence of compliance with the Code if the employee makes a claim for unfair dismissal to Fair Work Australia, including evidence that a warning has been given (except in cases of summary dismissal). Evidence may include a completed checklist, copies of written warning(s), a statement of termination or signed witness statements.

 

Previously agreed Fair Dismissal Code (live as at 4pm, June 30, 2009):

Procedural Matters

In discussions with an employee in circumstances where dismissal is possible, the employee can have another person present to assist. However, the other person cannot be a lawyer acting in a professional capacity. A small business employer may be required to provide evidence of compliance with the Code if the employee makes a claim for unfair dismissal to Fair Work Australia. Evidence may include a completed checklist, copies of written warning(s), a statement of termination or signed witness statements.

 

www.cosboa.org.au

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