Libs promise simple way to dismiss workers
Article by Patricia Karvelas, Political correspondent The Australian
THE Coalition has promised to make it easier for small businesses to sack employees by changing Labor's existing unfair dismissal laws.
Opposition small business spokesman Bruce Billson yesterday departed from the most recent position put by Tony Abbott about changing workplace laws, telling The Australian the Coalition would talk to employers and the public about how the industrial relations regime was operating and would be prepared to make changes.
"If any changes are needed, we will seek a mandate for them at the 2013 election," Mr Billson said. "But the Coalition will never make changes that reflect Work Choices."
When pressed this week whether he would seek a mandate for workplace changes at the next election, the Opposition Leader steered clear, repeating his "never, ever" mantra about reintroducing elements of the Howard government's Work Choices regime.
Both business and trade unions believe unfair dismissal processes for small business could be altered with changes to regulations and not have to be done by changing the new workplace laws.
Mr Billson said the government's Small Business Fair Dismissal Code was not working and needed to be changed to help business.
Under the government's Small Business Fair Dismissal Code, employers are advised to follow a checklist to ensure the dismissal of an employee is not unfair.
Mr Billson said the government had promised small business it would have a streamlined, simple, fair dismissal process that would not expose small businesses unreasonably to claims for unfair dismissal. But he had concerns about the expense involved in cases brought forward with little merit.
"The code that the government put in place, that's overseen by Fair Work Australia, has been condemned by Fair Work Australia itself of being of dubious value," Mr Billson said.
He said the code needed to be changed so that small business could have certainty about sacking employees "without the threat of being hauled before the commission at great expense and being forced to pay 'go away' money".
"Whoever is in government after the election will be faced with having to fix the code," Mr Billson said.
"When a small business employer is faced with a difficult decision to discontinue someone's employment, there needs to be a clear, simple and reliable process for them to follow for such action to be deemed to be fair."
Employment Minister Simon Crean recently changed the checklist governing fair dismissal by small business.
It is believed the Coalition will seek to have a special provision created through Fair Work Australia that lifts restrictions on the working hours of students younger than 18.
