Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

by leave—I move government amendments (2), (10) and (11) on sheet QC300 together:

(2)   Clause 12, page 26 (after line 22), after the definition of registered employee association, insert:

(10) Clause 391, page 325 (after line 28), after subclause (1), insert:

     (1A)    If:

             (a)    the position in which the person was employed immediately before the dismissal is no longer a position with the person’s employer at the time of the dismissal; and

             (b)    that position, or an equivalent position, is a position with an associated entity of the employer;

the order under subsection (1) may be an order to the associated entity to:

             (c)    appoint the person to the position in which the person was employed immediately before the dismissal; or

             (d)    appoint the person to another position on terms and conditions no less favourable than those on which the person was employed immediately before the dismissal.

(11)  Clause 391, page 326 (line 7), at the end of paragraph (2)(b), add “, or (if subsection (1A) applies) the associated entity”.

Amendments (2) and (10) reflect the government’s commitment to reinstatement as the primary remedy for unfair dismissal. These amendments will ensure that reinstatement remains an available remedy in cases where there has been a corporate restructure in the time since the person was unfairly dismissed. The amendments will also ensure that an order for reinstatement applies to the appropriate employer in the circumstances, and this will ensure that an employee is not denied reinstatement simply because a corporate restructure has occurred between their dismissal and an FWA finding that he or she should be reinstated.

Amendment (11) is a minor technical and consequential amendment. It allows a second legislative note to be included. Amendment (12) of course would insert another legislative note following clause 524 of the bill. It explains that an enterprise agreement or contract of employment may make additional provision for stand-down including consultation or notice requirements.