Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Hansard source

On 9 May 2006 I took on notice a question from Senator Hogg. I have provided Senator Hogg with a copy of the answer. I seek leave to incorporate the answer in Hansard.

Leave granted.

The answer read as follows—

Senator Hogg asked the Minister representing the Minister for Employment and Workplace Relations, upon notice, on 9 May 2006:

Senator HOGGMr President, I ask a supplementary question. Can the minister confirm how many terminations that have occurred since the new laws took effect the Office of Workplace Services is currently investigating? How many of these investigations have been triggered by the minister? Are the outcomes of these investigations made public? And what options are open to employees where the investigations find that they were unlawfully dismissed?

Senator Abetz The Minister for Employment and Workplace Relations has provided the following answer to the honourable Senator’s question:

Question 1: Can the Minister confirm how many terminations that have occurred since the new laws took effect the Office of Workplace Services is currently investigating?

Answer: As at 5 June 2006, the Office of Workplace Services (OWS) was undertaking investigations into terminations involving 15 employers.

Question 2: How many of these investigations have been triggered by the Minister?

Answer: None.

Question 3: Are the outcomes of these investigations made public?

Answer: The OWS informs the employer and the worker(s) directly involved in an investigation of the outcome. OWS does not seek to restrict these parties from publicising the outcome. Where an investigation results in OWS litigation, a media release will generally be issued. One has been issued in every case to date. The OWS will consider making public the outcome of other investigations on a case by case basis, taking account of public interest considerations and privacy laws.

Question 4: And what options are open to employees where the investigations find that they were unlawfully dismissed?

Answer: Under the Workplace Relations Act 1996 (WR Act), it is unlawful for an employer to terminate an employee’s employment on certain prohibited grounds.

An employee can apply to the Australian Industrial Relations Commission pursuant to section 643 of the WR Act if they believe their employment was terminated for an unlawful reason.

These are set out in section 659 of the WR Act and include:

• temporary absence from work because of illness or injury;
• trade union membership or participation in trade union activities;
• non-membership of a trade union;
• seeking office as a representative of employees;
• the filing of a complaint, or the participation in proceedings, against an employer;
• race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin;
• refusing to negotiate, sign, extend, vary or terminate an AWA;
• absence from work during maternity leave or other parental leave; and
• temporary absence from work because of the carrying out of a voluntary emergency management activity.

Employees who believe they have been unlawfully terminated may be eligible to receive up to $4,000 worth of independent legal advice, based on the merits of their claim. They will be eligible for assistance if they have a certificate from the Australian Industrial Relations Commission indicating that their claim has merit and could not be resolved through conciliation. The application for assistance will be assessed by the Office of Workplace Services on the basis of financial need.