Footnotes

Majority Report

[1]        See the committee reports on the following bills: Workplace Relations Amendment (Unfair Dismissals) Bill 1998, February 1999; Workplace Relations Legislation Amendment (More Jobs Better Pay) Bill 1999, November 1999; and, Workplace Relations (Termination of Employment) Bill 2000, September 2000.

[2]        Submission No. 14, DEWR, p. 14

[3]        Submission No. 1, Professor Keith Hancock, p. 3

[4]        Submission No. 8, Restaurant and Catering Australia, p. 6

[5]        Submission No. 16, ACCI, p. 7

[6]        Submission No. 9, Professor Andrew Stewart, p. 7

[7]        Submission No. 18, National Farmers Federation, p. 9

[8]        ACCI, op. cit., p. 7

[9]        Mr Peter Anderson, Australian Chamber of Commerce and Industry (ACCI), Hansard, Melbourne, 24 February 2003, p. 15

[10]      Mr James Smythe, DEWR, Hansard, op. cit., p. 35

[11]      ibid.

[12]      Submission No. 14, DEWR, p. 16, from Productivity Commission, Business Failures and Change: an Australian Perspective, p. 26

[13]      Submission No. 14, DEWR, p. 14

[14]      ibid.

[15]      Mr Peter Anderson, Hansard, op. cit., pp. 16-17

[16]      Mr Colin Thatcher, A Unitary Industrial Relations System: Unfinished Business of the 20^th Century? Industrial Relations Forum Proceedings, Melbourne, 17 October 2000, p. 6

[17]      OECD, Economic Survey: Australia, March 2003, p. 82

[18]      Mr James Smythe, Hansard, op. cit., p. 30

[19]      The Engineers Case, decided by the High Court in that year, is widely regarded as a landmark case in the extension of Commonwealth powers into what was hitherto regarded as a matter of state jurisdiction. That particular power was the conciliation and arbitration power.

[20]      Submission No. 2, Professor George Williams, pp. 1-2

[21]      Submission No. 1, Professor Keith Hancock, p. 1

[22]      The Hon Justice Geoffrey Guidice, Speech to The Australian Workers Union Conference, Unfair dismissal laws: Monster or mouse? East Melbourne, 19 April 2002.

[23]      Submission No. 14, DEWR, p. 3

Labor Senators' Report

[1]        Submission No. 11, NSW Government, p. 3

[2]        Submission No. 1, Professor Keith Hancock, p. 3

[3]        Submission No. 5, Australian Council of Trade Unions, p. 12

[4]        ibid.

[5]        Submission No. 9, Professor Andrew Stewart, p. 6

[6]        Submission No. 5, ACTU, p. 15

[7]        ibid.

[8]        Harding, D. (2002) The Effect of Unfair Dismissal Laws on Small and Medium Sized Businesses, Melbourne Institute of Applied Economic and Social Research, University of Melbourne, p. 19

[9]        Submission No. 20, Government of Western Australia, p. 10

[10]      EWRE References Committee, Small Business Employment, February 2003, p. 135

[11]      Data from the Department of Employment and Workplace Relations provided to Senator Andrew Murray.

[12]      Submission No. 21, Government of Queensland, pp. 8-9

[13]      ibid.

[14]      Submission No. 9, op.cit., pp. 2-3

[15]      ibid.

[16]      ACCI, Modern Workplace: Modern Future, A Blueprint for the Australian Workplace Relations System 2002-2010, November 2002, p. 41

[17]      Professor Ron McCallum, Business Council of Australia: Industrial Relations Forum Proceedings, Melbourne, 17 November 2000, p. 15

Australian Democrats' Report

[1]        For instance, see the Employment, Workplace Relations and Education Legislation Committee’s reports on the following bills: Workplace Relations Amendment (Unfair Dismissals) Bill 1998, February 1999; Workplace Relations Legislation Amendment (More Jobs Better Pay) Bill 1999, November 1999; and, Workplace Relations (Termination of Employment) Bill 2000, September 2000.

[2]        Minister Abbott Second Reading Speech: “This ‘cover the field’ provision means that the percentage of employees covered by Federal unfair dismissal provisions should increase from about 50 per cent to about 85 per cent and that the number of workers covered by unfair dismissal provisions should increase from about 4 million to about 7 million.”

[3]        Senator Andrew Murray: A Unitary Industrial Relations System: Unfinished Business of the 20^th Century? Speech to Business Council of Australia, Melbourne 17 November 2000, pg. 6.

[4]        O’Neill, S (2003) Workplace Relations Amendment (Termination of Employment) Bill 2002, Bills Digest No. 91 2002-2003.

[5]        Submission, Professor Andrew Stewart p. 6.

[6]        Dr Rowena Barrett, Director Family and Small Business Research Unit, Faculty of Business and Economics, Monash University: Small Business and Unfair Dismissal The Journal of Industrial Relations March 2003

[7]        Hamzy v Tricon International Restaurants t/a KFC and ors (2001) FCA 1589.

[8]        Source: Small Business in Australia 2001 (ABS Cat No 1321.0)

[9]        James Smythe: Chief Counsel Workplace Relations Policy and Legal Group; Supplementary Evidence to the Committee

[10]      Source: Small Business in Australia 2001 (ABS Cat No 1321.0)

[11]      James Smythe: Chief Counsel Workplace Relations Policy and Legal Group; Supplementary Evidence to the Committee

Appendix 4 - Summary of attitudinal evidence

[1]        Taken from Department of Employment and Workplace Relations’ Submission No: 14, Annex B