Unions have struck out against the revised unfair dismissal laws announced by Workplace Relations Minister, Julia Gillard, under the new Forward with Fairness laws taking effect next July.
Small business will not have to apply the “three strikes” process to dismiss workers, said Ms Gillard. The overall laws were described as “terribly disappointing” by Australian Services Union branch secretary Ingrid Stitt.
Small businesses with less than 15 employees are able to dismiss workers after issuing one verbal warning and a “reasonable opportunity” for the worker to improve their conduct. The employee needs to have 12 month’s experience before being protected by the laws. Employees of larger firms need only a six-month qualifying period.
The rules are designed to give small business maximum flexibility in their operations and provide jobs instead of fearing unfair dismissal claims.
“It’s as simple as that,” Ms Gillard said. “Multiple warnings are not required. There is no requirement for ‘three strikes and you’re out’. As long as employers comply with [the Fair Dismissal Code for Small Business], the dismissal will be held to be fair.”
Ms Gillard also outlined how the Forward with Fairness policy would work in other areas such as enterprise bargaining, illegal strikes and arbitration.
The union voiced displeasure with moves to restrict the areas parties can bargain on after Ms Gillard described areas that were the “prerogative of management”, such as closing a plant. Before the election, Labor’s policy said parties were free to reach an agreement on any matter.
Some of the anti-strike rules introduced by the Howard government are to be retained, such as workers who engage in illegal strikes can face a minimum deduction of four hours’ pay and possible fines.
Greens senator, Rachel Siewert, signalled the party would seek amendments to the bill.
“The Government is not ripping up WorkChoices but…papering over some of the more extreme elements,” Ms Siewert said.
Ms Gillard denied the Government was merely rebranding parts of the WorkChoices legislation.
While the Federal Government is accused of betraying workers, it may have trouble passing the laws through the Senate. The legislation needs support from the Greens, Family First’s Steve Fielding and South Australian independent Nick Xenophon, who have voiced for a closer look at the bill and possible amendments.