As they currently stand, this Part does not allow employers to run their businesses efficiently. The acquisition of a business can become very complicated with a number of awards and enterprise agreements applying to different parts of the business. It also makes it very difficult for a business that wishes to buy another business to add to an already existing business. In these circumstances, there can be two or more different enterprise agreements applying to employees who do the same type of work. It would be preferable to start with a clean slate, with terms and conditions to be derived from the NES, modern awards, and in time, a new enterprise agreement, should they wish to negotiate one. In relation to high-income earners, this protection is not needed and only leads to such employees not being offered employment in the new business. If the employee is of crucial importance to a business, they can negotiate appropriate outcomes for themselves in any event. Recommendation: That Part 2-8 be deleted. Alternatively, that the transfer of business provisions be simplified so that employers can understand obligations. GENERAL PROTECTIONS Our members are very concerned about the general protections provisions. We are seeing more claims in this area as awareness is raised. These provisions are so broad and subjective they create great uncertainty for employers. These provisions encourage vague and ill-advised claims. Case study One claim related to section 341(1)(c) preventing the exercise of a workplace right in terms of making a complaint. In this claim the claimant was not legally represented and did not understand the legalities of the adverse action claim. This made it difficult to draft a response. In this case, an employee was terminated during her probationary period but claimed the owner and his girlfriend did not like her and dismissed her after
As they currently stand, this Part does not allow employers to run their businesses efficiently. The acquisition of a business can become very complicated with a number of awards and enterprise agreements applying to different parts of the business. It also makes it very difficult for a business that wishes to buy another business to add to an already existing business. In these circumstances, there can be two or more different enterprise agreements applying to employees who do the same type of work. It would be preferable to start with a clean slate, with terms and conditions to be derived from the NES, modern awards, and in time, a new enterprise agreement, should they wish to negotiate one. In relation to high-income earners, this protection is not needed and only leads to such employees not being offered employment in the new business. If the employee is of crucial importance to a business, they can negotiate appropriate outcomes for themselves in any event. Recommendation: That Part 2-8 be deleted. Alternatively, that the transfer of business provisions be simplified so that employers can understand obligations. GENERAL PROTECTIONS Our members are very concerned about the general protections provisions. We are seeing more claims in this area as awareness is raised. These provisions are so broad and subjective they create great uncertainty for employers. These provisions encourage vague and ill-advised claims. Case study One claim related to section 341(1)(c) preventing the exercise of a workplace right in terms of making a complaint. In this claim the claimant was not legally represented and did not understand the legalities of the adverse action claim. This made it difficult to draft a response. In this case, an employee was terminated during her probationary period but claimed the owner and his girlfriend did not like her and dismissed her after
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