Footnotes
Chapter 1 - Introduction
[1] Explanatory
memorandum, p. 1.
[2] Bills
Digest No. 36 1998-99.
[3] Second
Reading Speech, 1 December 1998.
[4] Second
Reading Speech, 1 December 1998.
[5] Alison
Morehead et al., Changes at Work. The 1995 Australian Workplace
Industrial Relations Survey, South Melbourne, 1997, p 299.
[6] Alison
Morehead et al., Changes at Work. The 1995 Australian Workplace
Industrial Relations Survey, 1997, p 300.
[7] Bills
Digest No. 36. 1998-99.
[8] Workplace
Relations Act 1996, section 170CA.
[9] In late
1996, complementary laws were passed by the Victorian and Commonwealth
Parliaments to transfer jurisdiction of various industrial relations matters
from Victoria to the Commonwealth.
[10] That is,
‘foreign corporations’ and domestically formed companies carrying on financial
or trading activities within the meaning of section 51(xx) of the Constitution.
[11] The
section also provides other grounds for an employee to apply to the Commission
for relief including cases where a termination of employment is unlawful
(s.170CK), where the relevant authorities have not been notified when the
employment of 15 or more employees is to be terminated (s.170CL), where
sufficient notice has not been given—or, if notice has not been given, the
employee has not been paid compensation or the employee has not engaged in
serious misconduct (s.170CM)—or where a termination would be in contravention
of a Commission order (s.170CN).
[12] See Workplace
Relations Act 1996, s.170CK(3) and(4).
[13] Under
1996 regulations (Statutory Rules 1996, No. 307), employees may be lawfully
dismissed if they have been absent from work for a continuous period of three
months (or for more than three months in a period of 12 months) except when in
receipt of paid sick leave.
[14] Workplace
Relations Act 1996, section 170CK(2).
[15] Unfair
Dismissal Laws Implemented through Regulation, Media Release, The Hon Peter
Reith, MP, Minister for Employment, Workplace Relations and Small Business, 17
December 1998.
[16] Cf.
Statutory Rules 1998 No. 338 and Statutory Rules 1998 No. 353.
[17] Department
of Employment, Workplace Relations and Small Business, Twelve Month Review
of Federal Unfair Dismissal Provisions (including Federal Government
Responses to the Review), December 1998.
Chapter 2 - Issues raised in evidence
[1] Alison
Morehead et al., Changes at Work. The 1995 Australian Workplace
Industrial Relations Survey, 1997, pp 305-306.
[2] The
Morgan and Banks Jobs Index defines small business as having 30 or fewer
employees.
[3] The
Morgan and Banks Job Index, 1996, p 6.
[4] Recruitment
Solutions, ‘Media Backgrounder. Dismissal laws hit 32 pc of companies’, Unfair
Dismissal Compendium, November 1998, pp 15-16.
[5] National
Institute of Labour Studies, Trends in Staff Selection and Recruitment,
Melbourne, May 1997, pp 7-8.
[6] National
Institute of Labour Studies, Trends in Staff Selection and Recruitment,
Melbourne, May 1997, p 47.
[7] National
Institute of Labour Studies, Trends in Staff Selection and Recruitment,
Melbourne, May 1997, p 60.
[8] National
Institute of Labour Studies, Trends in Staff Selection and Recruitment,
Melbourne, May 1997, p 47.
[9] National
Institute of Labour Studies, Trends in Staff Selection and Recruitment, Melbourne,
May 1997, pp 68-69.
[10] Tasmanian
Chamber of Commerce and Industry, ‘Tasmanian Small Business Priorities Survey’,
June 1997 (extract) in Unfair Dismissal Compendium, November 1998, pp
32-36.
[11] Tasmanian
Chamber of Commerce and Industry, ‘Survey of Tasmanian Business Priorities for
the Next State Government 1998’, August 1998 (extract) in Unfair Dismissal
Compendium, November 1998, pp 111-115.
[12] Yellow
Pages Small Business Index, August 1997 (extract), in Unfair Dismissal
Compendium, November 1998, pp 37-40.
[13] Yellow
Pages Small Business Index, May 1998 (extract), in Unfair Dismissal
Compendium, November 1998, pp 93-95.
[14] Yellow
Pages Small Business Index, August 1998 (extract), in Unfair Dismissal
Compendium, November 1998, pp 116-119.
[15] South
Australian Employers’ Chamber of Commerce & Industry, ‘Unfair Dismissal
Survey Results, (1998) in Unfair Dismissal Compendium, November 1998, pp
98-100.
[16] Queensland
Chamber of Commerce and Industry, Pre-Federal Election Survey. Queensland
Results, July 1998, p 9.
[17] Australian
Business Chamber, ‘Australian Business Pre-Election Survey’, July 1998 in Unfair
Dismissal Compendium, November 1998, pp 106-110.
[18] Australian
Chamber of Commerce and Industry, ‘ACCI Review’, August 1998, Number 43 in Unfair
Dismissal Compendium, November 1998, pp 120-123.
[19] Australian
Chamber of Commerce and Industry, ‘ACCI Review’, August 1998, Number 43 in Unfair
Dismissal Compendium, November 1998, pp 123-124.
[20] St George
Bank/State Chamber of Commerce-NSW Survey of Business Expectations,
March-June1997 (extract), p 11.
[21] State
Chamber of Commerce (NSW), ‘Media Release. Small Business Confirms Unfair
Dismissal Fears’, 22 March 1998 in Unfair Dismissal Compendium, November
1998, p 90.
[22] Micro
Business Consultative Group, ‘Under the Microscope. Micro Businesses in
Australia’, February 1998 in Unfair Dismissal Compendium, November 1998,
pp 76-80.
[23] Interview
with COSBOA’s Chief Executive, Mr Rob Bastian, 2RN Peter Thompson, 5 March
1998.
[24] Newsletter
Information Services, ‘Discrimination Alert’, Issue 72, 29 September 1998, in Unfair
Dismissal Compendium, November 1998, p 152.
[25] Submissions
Vol 1, Submission 6, Australian Business, pp 93-94.
[26] Submissions
Vol 3, Submission 13, South Australian Department for Administrative and
Information Services, pp 3-4.
[27] This
latter distinction is used in the 1995 Australian Industrial Relations Survey.
[28] Alison
Morehead et al., Changes at Work. The 1995 Australian Workplace
Industrial Relations Survey, 1997, p 300.
[29] P.
Ganguly, Ed. UK Small Business Statistics and International Comparisons,
London, 1985, quoted in John Watson and Jim E. Everett, ‘Do Small Businesses
Have High Failure Rates?’, Journal of Small Business Management, Vol
34/4, October 1996, p 46.
[30] John
Watson and Jim E. Everett, ‘Do Small Businesses Have High Failure Rates?’, Journal
of Small Business Management, Vol 34/4, October 1996, p 46.
[31] Wiltshire
Committee, Report of the Committee on Small Business, Canberra, 1971,
quoted in John Watson and Jim E. Everett, ‘Do Small Businesses Have High
Failure Rates?’, Journal of Small Business Management, Vol 34/4, October
1996, p 46.
[32] John
Watson and Jim E. Everett, ‘Do Small Businesses Have High Failure Rates?’, Journal
of Small Business Management, Vol 34/4, October 1996, p 46.
[33] John
Watson and Jim E. Everett, ‘Do Small Businesses Have High Failure Rates?’, Journal
of Small Business Management, Vol 34/4, October 1996, p 47.
[34] House of
Representatives Standing Committee on Industry, Science and Technology, Finding
a balance: towards fair trading in Australia, Canberra, 1997, p 2.
[35] Submissions
Vol 3, Submission 19, Department of Employment, Workplace Relations and Small
Business, p 85.
[36] Submission
7 (Department of Workplace Relations and Small Business) pp 16-17 in Senate
Economics Legislation Committee, Volume of Submissions, October 1997
[37] See for
example, Submissions Vol 1, Submission 10, Justice Research Centre, p 164; Vol
2, Submission 12, Shop, Distributive & Allied Employees’ Association, p 18;
Vol 3, Submission 20, JOB WATCH, p 107. But see Hansard, 29 January
1999, p EWRSBE 19.
[38] See for
example, Submissions Vol 1, Submission 10, Justice Research Centre, pp 165-166;
Vol 2, Submission 12, Shop, Distributive & Allied Employees’ Association, p
18.
[39] Under
regulation 30B(1) in Statutory Rules 1996 No. 307, certain classes of employees
are excluded from the legislative requirements for termination of employment,
including employees serving a period of probation which is less than 3 months,
or where more than 3 months, is reasonable given the nature and circumstances
of the employment.
[40] Submissions
Vol 1, Submission 11, Martin Willoughby-Thomas, Barrister & Solicitor, p
170.
[41] Submissions
Vol 2, Submission 12, Shop, Distributive & Allied Employees’ Association, p
8.
[42] See for
example, Hansard, pp EWRSBE 2-3, 49 and 62.
[43] See for
example, Hansard, pp EWRSBE 2, 4-5, 10, 18-19, 26, 27-28, 41.
[44] Hansard,
p EWRSBE 64.
[45] Submissions
Vol 1, Submission 11, Martin Willoughby-Thomas, Barrister & Solicitor, p
171.
[46] Submissions
Vol 1, Submission 6, Australian Business Ltd, pp 94-95.
[47] Hansard,
p EWRSBE 5.
[48] Submissions
Vol 1, Submission 11, Martin Willoughby-Thomas, Barrister & Solicitor, p
170.
[49] Des
Moore, The Case for Further Deregulation of the Labour Market, Research
paper prepared on behalf of contributing members of the Labour Ministers’
Council, November 1998, p 53.
[50] Des
Moore, The Case for Further Deregulation of the Labour Market, Research
paper prepared on behalf of contributing members of the Labour Ministers’
Council, November 1998, pp 55-56.
[51] Des
Moore, The Case for Further Deregulation of the Labour Market, Research
paper prepared on behalf of contributing members of the Labour Ministers’
Council, November 1998, pp 53-58.
[52] Des
Moore, The Case for Further Deregulation of the Labour Market, Research
paper prepared on behalf of contributing members of the Labour Ministers’
Council, November 1998, pp 58-59.
[53] Des
Moore, The Case for Further Deregulation of the Labour Market, Research
paper prepared on behalf of contributing members of the Labour Ministers’
Council, November 1998, p 60.
[54] Des
Moore, The Case for Further Deregulation of the Labour Market, Research
paper prepared on behalf of contributing members of the Labour Ministers’
Council, November 1998, pp 79-80.
[55] Des
Moore, The Case for Further Deregulation of the Labour Market, Research
paper prepared on behalf of contributing members of the Labour Ministers’
Council, November 1998, p 80.
[56] See for
example, Submissions Vol 1, Submission 10, Justice Research Centre, p 167, Vol
2, Shop, Distributive & Allied Employees’ Association, p 8, Submission 22,
ACTU, p 7.
[57] Hansard,
p EWRSBE 24.
Australian Democrats Minority Report
[1]
Des Moore, The Case for Further Deregulation of the Labour Market, Research
paper prepared on behalf of contributing members of the Labour Minister’
Council, November 1998, p.60.
[2]
Submission 10 Justice Research Centre page 5
[3]
See for instance Dismissing the Unfair Dismissals Myth Peter Waring and
Alex de Ruyter University of Newcastle
[4]
Hansard pp EWRSBE 12-13 Prof Hunter Justice Research Centre
[5]
Tasmanian Chamber of Commerce and Industry ‘Tasmanian Small Business Priorities
Survey(s)’ in Unfair Dismissal Compendium November 1998
[6]
See Table 1 Appendix 3 to this Minority Report
[7]
South Australian Employer’s Chamber of Commerce and Industry ‘Unfair Dismissal
Survey Results’ (1998) in Unfair Dismissal Compendium November 1998
[8]
See Table 1 Appendix 3 to this Minority Report
[9]
See Appendix 1 and Appendix 3 to this Minority Report
[10]
Such as Submission N0.5 Tonkin’s Car Audio Pty Ltd
[11]
Letter to the Committee 22 January 1999
[12]
Hansard EWRSBE 2 Jack Goluzd GM Workplace Relations, Australian Business Ltd
[13]
Hansard EWRSBE 26
[14]
Hansard EWRSBE 59
[15]
Submission No. 07 Australian Retailers Association pages 3 and 5
[16]
Submission No. 10 Justice Research Centre page 6
[17]
Submission no. 23 Australian Liquor, Hospitality & Miscellaneous Workers
Union (WA Branch)
[18]
Letter to Senator Jeannie Ferris from the Australian Small Business Association
[19]
Hansard, Representatives, P2244 Wednesday 10 February 1999
[20]
Hansard EWRSBE 16
[21]
Hansard EWRSBE 41 ACCI
[22]
Submission No. 12 Shop Distributive & Allied Employee’s Association
[23]
Submission No. 03 Mr Michael J Taliangis
[24]
Submission No. 17 Victorian Employer’s Chamber of Commerce and Industry
[25]
Submission No.19 Department of Employment, Workplace Relations and Small
Business Fact Sheet