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

The working group did carefully consider this issue and it decided not to recommend mandatory written warnings due to the red-tape burden that this would place on employers. The small business fair dismissal code was settled last year in close consultation with that working group. The fair dismissal code does require that a warning be given and that an employee be given an opportunity to respond to the warning and a reasonable chance to rectify the problem. That is the position that we have achieved. I think it is the right balance between the small business employer and the employee. Although it encourages written warnings, the emphasis is on genuine and honest exchange.