employer and an employee to agree to substitute a public holiday for an alternative day into all conditions on the right to modern awards. approve or refuse a proposed substitution arrangement. 4.2 The Australian Government should amend the National Employment Standards so that employers Support. are not required to pay for leave or any additional penalty rates for any newly designated state and territory public holidays. 4.3 Periodically, the Australian, state and territory governments should jointly examine whether there Support measures to are any grounds for extending the existing 20 days of paid annual leave in the National improve flexibility by Employment Standards, with a cash out option for any additional leave where that suits the agreement and where employer and employee. Such an extension should not be implemented in the near future, and if labour costs are not ultimately implemented, should be achieved through a negotiated tradeoff between wage increased overall. increases and extra paid leave. 5.1 The Australian Government should either provide the Fair Work Commission with greater Support. discretion to consider unfair dismissal the prior to commencement of applications ‘on papers’, conciliation; or alternatively, introduce more merit focused conciliation processes. 5.2 The Australian Government should change the penalty regime for unfair dismissal cases so that: Support, and propose greater practical an employee can only receive compensation when they have been dismissed without reasonable • emphasis on costs regime evidence of persistent underperformance or serious misconduct and option of security for procedural errors by an employer should not result in reinstatement or compensation for a • costs as opposed to former employee, but can, at the discretion of the Fair Work Commission, lead to either higher lodgement fees. counselling and education of the employer, or financial penalties. 5.3 The Australian Government should remove the emphasis on reinstatement as the primary goal of Support. the unfair dismissal provisions in the Fair Work Act 2009 (Cth).
employer and an employee to agree to substitute a public holiday for an alternative day into all modern awards. conditions on the right to approve or refuse a proposed substitution arrangement. 4.2 The Australian Government should amend the National Employment Standards so that employers are not required to pay for leave or any additional penalty rates for any newly designated state and territory public holidays. Support. 4.3 Periodically, the Australian, state and territory governments should jointly examine whether there are any grounds for extending the existing 20 days of paid annual leave in the National Employment Standards, with a cash out option for any additional leave where that suits the employer and employee. Such an extension should not be implemented in the near future, and if ultimately implemented, should be achieved through a negotiated tradeoff between wage increases and extra paid leave. Support measures to improve flexibility by agreement and where labour costs are not increased overall. 5.1 The Australian Government should either provide the Fair Work Commission with greater discretion to consider unfair dismissal applications ‘on the papers’, prior to commencement of conciliation; or alternatively, introduce more merit focused conciliation processes. Support. 5.2 The Australian Government should change the penalty regime for unfair dismissal cases so that: • an employee can only receive compensation when they have been dismissed without reasonable evidence of persistent underperformance or serious misconduct • procedural errors by an employer should not result in reinstatement or compensation for a former employee, but can, at the discretion of the Fair Work Commission, lead to either counselling and education of the employer, or financial penalties. Support, and propose greater practical emphasis on costs regime and option of security for costs as opposed to higher lodgement fees. 5.3 The Australian Government should remove the emphasis on reinstatement as the primary goal of the unfair dismissal provisions in the Fair Work Act 2009 (Cth). Support.
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