5.4 Conditional on implementation of the other recommended changes to the unfair dismissal system Oppose. The Fair within this report, the Australian Government should remove the (partial) reliance on the Small Dismissal Code has made Business Fair Dismissal Code within the Fair Work Act 2009 (Cth). conducting a fair termination process much more manageable for small business. 6.1 The Australian Government should amend the Fair Work Act 2009 (Cth) to formally align the Support. discovery processes used in general protection cases with those provided in the Federal Court’s Rules and Practice Note 5 CM5. 6.2 The Australian Government should modify s. 341 of the Fair Work Act 2009 (Cth), which deals Support. with the meaning and application of a workplace right. Modified provisions should more clearly define how the exercise of a workplace right applies in • instances where the complaint or inquiry is indirectly related to the employment. person’s The FW Act should also require that complaints are made in good faith; and that the Fair Work • Commission must decide this via a preliminary interview with the complainant before the action can proceed and prior to the convening of any conference involving both parties. 6.3 The Australian Government should amend Part 3-1 of the Fair Work Act 2009 (Cth) to introduce Support. exclusions for complaints that are frivolous and vexatious. 6.4 The Australian Government should introduce a cap on compensation for claims lodged under Support a cap in line with Part 3-1 of the Fair Work Act 2009 (Cth). the compensation cap for unfair dismissal. 6.5 The Australian Government should amend Schedule 5.2 of the Fair Work Regulations 2009 (Cth) Support. to require the Fair Work Commission to report more information about general protections matters. Adequate resourcing should be provided to the Fair Work Commission to improve its data collection and reporting processes in this area.
5.4 Conditional on implementation of the other recommended changes to the unfair dismissal system within this report, the Australian Government should remove the (partial) reliance on the Small Business Fair Dismissal Code within the Fair Work Act 2009 (Cth). Oppose. The Fair Dismissal Code has made conducting a fair termination process much more manageable for small business. 6.1 The Australian Government should amend the Fair Work Act 2009 (Cth) to formally align the discovery processes used in general protection cases with those provided in the Federal Court’s Rules and Practice Note 5 CM5. Support. 6.2 The Australian Government should modify s. 341 of the Fair Work Act 2009 (Cth), which deals with the meaning and application of a workplace right. • Modified provisions should more clearly define how the exercise of a workplace right applies in instances where the complaint or inquiry is indirectly related to the person’s employment. • The FW Act should also require that complaints are made in good faith; and that the Fair Work Commission must decide this via a preliminary interview with the complainant before the action can proceed and prior to the convening of any conference involving both parties. Support. 6.3 The Australian Government should amend Part 3-1 of the Fair Work Act 2009 (Cth) to introduce exclusions for complaints that are frivolous and vexatious. Support. 6.4 The Australian Government should introduce a cap on compensation for claims lodged under Part 3-1 of the Fair Work Act 2009 (Cth). Support a cap in line with the compensation cap for unfair dismissal. 6.5 The Australian Government should amend Schedule 5.2 of the Fair Work Regulations 2009 (Cth) to require the Fair Work Commission to report more information about general protections matters. Adequate resourcing should be provided to the Fair Work Commission to improve its data collection and reporting processes in this area. Support.
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