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

I move:

That the Senate does not insist on the amendments that have been disagreed to.

The key issue under discussion today has been unfair dismissal arrangements. The government made a clear election commitment. The government acknowledges people of goodwill who are opposed to Work Choices. We note that Senator Fielding and Senator Xenophon have had concerns about the unfair dismissal arrangements—concerns that they have been very clear and consistent about. Senator Xenophon today raised with the government the prospect of an arrangement being for a three-year transitional period. Senator Xenophon also raised the need for specialist advice for small and medium-sized businesses to be available through the Office of the Fair Work Ombudsman, and the government agreed with him in relation to this. The government agreed today to Senator Xenophon’s request that the experience of employers, particularly small and medium-sized enterprises, and employees with the unfair dismissal system be the subject of a thorough and transparent review by Fair Work Australia in 2012.

Senator Fielding today raised with the government the prospect of the definition of ‘small business’ being resolved by calculation of less than 15 full-time equivalent employees rather than a headcount of full-time, part-time and regular and systematic casuals. Arising from these discussions, it was agreed with Senator Fielding as follows, confirming the government’s undertaking in respect of how a small business will be defined for the purposes of the unfair dismissal provision in the Fair Work Bill 2008:

The Government agrees to an amendment providing for a two-phase approach.

Until 1 January 2011, the threshold used to define a small business for the purpose of applying the unfair dismissal arrangement will be less than 15 full-time equivalent employees.

The number of full time equivalent employees is to be calculated on a straightforward basis by averaging the ordinary hours worked by all employees in the business over the 4 week period immediately prior to the employee’s termination, and dividing that by 38, being ordinary weekly hours.

From 1 January 2011, the threshold will be based on a simple headcount of employees as provided currently in the Fair Work Bill and detailed in Forward with Fairness, Labor’s election policy.

... the amendment to the small business definition will be progressed through the Fair Work (Transitional Provisions and Consequential Amendments) Bill 2009 when it is debated before the Parliament.

The Government further agrees to amend the objects of the Fair Work Bill to acknowledge the special circumstances of small and is medium sized enterprises. This amendment will also be progressed through the Fair Work (Transitional Provisions and Consequential Amendments) Bill 2009 when it is debated before the Parliament.

Furthermore, the Government agrees to establish a specialist information and assistance unit for small and medium sized enterprises within the Office of the Fair Work Ombudsman.

To that end I table the letter outlining the government’s agreement with Senator Fielding and I acknowledge that when the Senate debates the Fair Work (Transitional Provisions and Consequential Amendments) Bill 2009 Senator Fielding will move the relevant amendments detailed in the letter.

I want on behalf of the government to publicly acknowledge the positive contribution of Senators Xenophon and Fielding in this process. I also want on behalf of the government to publicly acknowledge the constructive approach of the Australian Greens throughout this debate and their clear concern about the injustices which can occur for working Australians in the absence of fair unfair dismissal laws. What this shows is what can be achieved when people who are opposed to the disgraceful Work Choices laws and committed to fairness and balance in Australian workplaces work together. What has also been starkly revealed is the complete political humiliation of those who stood in the way of the Australian people—namely, the Liberal Party, the Work Choices party.

As we move to dispose of the bill, we find that the Liberals have not moved one constructive amendment and are now consigned to the political fringe, where their extreme workplace laws have always been. The Leader of the Opposition has been revealed to the Australian people as an opportunist. Just two weeks ago, on 5 March, he said:

… Work Choices is dead. We accept the verdict of the people at the last election.

Yet today he voted in the House to do the complete reverse, by supporting the continuation of Work Choices. This is a historic day as we rid the nation of Work Choices against the fierce opposition of the Liberals.