Footnotes

[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; Workplace Relations (Termination of Employment) Bill 2000, September 2000; Workplace Relations Amendment (Termination of Employment) Bill 2002, March 2003.

[2] See, for example, Workplace Relations Amendment (Unfair Dismissals) Bill 1998, February 1999, p.28

[3] Workplace Relations Amendment (Unfair Dismissal) Bill 1998, Minority Report, Australian Democrats, February 1999, p.62

[4] Section 170CG(1)(b)

[5] Australian Industrial Relations Commission, Termination of Employment – General Information, p.4

[6] ibid., p.6

[7] ibid., p.7

[8] Dr Paul Oslington, Committee Hansard, 2 May 2005, p.10

[9] ACCI, Submission 7, p.11

[10] D&B National Business Expectations, Survey, June 2005, pp.2, 15

[11] Dr Paul Oslington, Submission 1, p.1

[12] Dr Paul Oslington, Committee Hansard, 2 May 2005, p.6

[13] Federal Unfair Dismissals, A briefing paper issued by senator Andrew Murray, September 2004, p.2

[14] W.M. Robbins and G. Voll, 'Who's Being Unfair? A Survey of the Impact of Unfair Dismissal Laws on Small Regional Business', Charles Sturt University, 2004, pp.1-2

[15] ibid.

[16] DEWR, Submission 11, p.9

[17] See , for example, NSW Government, Submission 3, p.26

[18] Employment, Workplace Relations and Education Legislation Committee, Workplace Relations Amendment (Termination of Employment) Bill 2002, Labor Senators' Report, p.17

[19] Dr Paul Oslington, Committee Hansard, 2 May 2005, p.9

[20] W.M. Robbins and G. Voll, 'Who's Being Unfair? A Survey of the Impact of Unfair Dismissal Laws on Small Regional Business', Charles Sturt University, 2004, p.2

[21] Dr W. Robbins and G. Voll 'Justifying Unfair Dismissal Reform: A Review of the Evidence', School of Business, Charles Sturt University, June 2005, p.19

[22] DEWR, Submission 11, pp.13-14

[23] ACCI, Submission 7, p.16

[24] Ms Miranda Pointon, DEWR, Committee Hansard, 2 may 2005, p.39

[25] Small Business Employment, Research Note No. 10, 2002-03, Parliamentary Library, 17 September 2002

[26] NSW Government, Submission 3, p.36

[27] Ms Miranda Pointon, DEWR, Committee Hansard, 2 May 2005, p.38

[28] Dr Paul Oslington, Committee Hansard, 2 May 2005, p.2

[29] Dr Paul Oslington, Submission 1, p.2

[30] Mr John Ryan, SDA, Committee Hansard, 3 May 2005, p.50

[31] Dr Paul Oslington, Committee Hansard, 2 May 2005, p.2

[32] Employment, Workplace Relations and Education Legislation Committee, Workplace Relations Amendment (Termination of Employment) Bill 2002, Majority Report, p.8

[33] ACCI, Submission 7, p.15

[34] Committee Hansard, 2 May 2005, p.8

[35] DEWR, Submission 11, p.8

[36] W.M. Robbins and G. Voll, 'Who's Being Unfair? A Survey of the Impact of Unfair Dismissal Laws on Small Regional Business', Charles Sturt University, 2004, p.9

[37] New South Wales Lawyers Employment and Industrial Law Committee, Answer to Question on Notice, 15 June 2005

[38] ACTU, Submission 12, para.154

[39] Mr John Ryan, SDA, Committee Hansard, 3 May 2005, p.41

[40] NSW Young Lawyers, Submission 8, p.4

[41] Combined Community Legal Centres Group (NSW), Submission 10, p.3

[42] ACTU, Submission 12, paras 12-13

[43] ibid., para.37

[44] NSW Government, Submission 3, p.21

[45] ACCI, Submission 7, p.10

[46] ibid., p.49

[47] Ms Sharan Burrow, ACTU, Committee Hansard, 3 May 2005, p.52

[48] ACTU, Submission 12, paras 38-40

[49] ibid., para.72

[50] ibid., p.2

[51] DEWR, Submission 11, p.7

[52] Department of Employment and Workplace Relations, Answer to Question on Notice No.2, 17 June 2005

[53] Department of Employment and Workplace Relations, Answer to Question on Notice No.4, 17 June 2005

[54] See, for example, DEWR, Submission 11, pp.1, 9

[55] The Hon. Kevin Andrews, House Hansard, 2 December 2004, p.2

[56] Discussion of the provisions of the Bill is taken from Bills Digest 112, 2004-05, Parliamentary Library, Parliament of Australia, 11 February 2005

[57] See, for example, Chapter 2, Report on the provisions of bills to amend the Workplace Relations Act 1996, May 2002

[58] SDA, Submission 4, pp.3-4

[59] ibid., p.5

[60] Centre for Employment and Labour Relations Law, University of Melbourne, Submission 15, p.16

[61] ibid., p.16. See also Ms Sharlene Naismith, Committee Hansard, 2 May 2005, p.28

[62] Jobwatch, Submission 5, p.3

[63] Dr Jill Murray, Submission 1, p.1

[64] Dr Jill Murray, Committee Hansard, 3 May 2005, p.7

[65] ACTU, Submission 12, para. 122, citing Sensis Business Index – small and medium enterprises, February 2005

[66] ACTU, Submission 12, para. 123

[67] Dr Robbins and G. Voll, Submission 13, p.13, drawn from Robbins and Voll, 'Who's Being Unfair? A Survey on the Impact of Unfair Dismissal Laws on Small Regional Business', Charles Sturt University, 2004

[68] ACCI, Submission 7, p.25

[69] See, for example, Senator John Tierney, AAP News release, 29 October 2003

[70] Dr Jill Murray, Submission 1, p.1

[71] This is the total number of claims, from both small and other businesses

[72] Dr Robbins and G. Voll, Submission 13, p.10

[73] ACCI, Submission 7, p.12

[74] ibid., p.12

[75] ACTU, Submission 12, para. 80

[76] ACCI, Submission 7, p.32

[77] See, for example, Dr Jill Murray, Submission 1, p.1

[78] Dr Robbins and G. Voll, Submission 13, p.15, drawn from G. Voll, 'Case Studies in Unfair Dismissal Process', University of Sydney, 2005

[79] Ms Gabrielle Marchetti, Committee Hansard, 3 May 2005, p.37

[80] ACCI, Submission 7, p.26

[81] Dr Robbins and Mr Voll, Submission 13, p.13

[82] See, for example, Dr Paul Oslington, Committee Hansard, 2 May 2005, p.12

[83] Centre for Employment and Labour Relations Law, University of Melbourne, Submission 15, p.13

[84] s170CJ and s347 Workplace Relations Act 1996, cited in DEWR, Submission 11, p.13

[85] ACTU, Submision 12, para.166

[86] Employment, Workplace Relations and Education References Committee, Small Business Employment, February 2003, p.2

[87] Mrs Leyla Yilmaz, Committee Hansard, 3 May 2005, p.21

[88] Mr Scott Barklamb, Committee Hansard, 3 May 2005, p.22

[89] Australian Chamber of Commerce and Industry, Submission 7, p.12

[90] The AiG survey is referred to in the Age, 4 June 2005, p.5

[91] Government Senators' Reservations, Small Business Employment, Employment, Workplace Relations and Education References Committee, February 2003, p.150

[92] Ministerial statement, workplace relations, House Hansard, 26 May 2005, pp.25-29

[93] Ms Miranda Pointon, Department of Employment and Workplace Relations, Committee Hansard, 2 May 2005, p.41