Nick Xenophon (SA, Independent) Share this | Hansard source

If I can focus on the issue of the calculation that Senator Ludwig has articulated so well, the Council of Small Business Organisations of Australia, COSBOA, to paraphrase an email that they sent to me, essentially say that unfair dismissal is not something that happens often or on a whim. They say that, if the occasion arises when a small business employer wants to dismiss someone and is concerned that it could be construed as unfair dismissal, they should be advised to contact Fair Work Australia before taking the action and it is unlikely to be too onerous to add up the hours of work of various employees in terms of full-time equivalence. I am just putting simply what the peak body for small businesses in this country has said. I restate my position that it is a concern where there is a lack of confidence by small businesses in dealing with these claims. If that is an impediment to taking on a few extra workers, that is a real concern to me. But, again, we do have that fundamental protection of the fair dismissal code, which will contrast significantly with Work Choices.