Tony Sheldon (NSW, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for Industrial Relations, Senator Payne. Yesterday the minister refused to rule out any watering down of unfair dismissal laws. Why?

Marise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

As I said yesterday, the Attorney-General has indicated that he will issue a discussion paper on the possible review of the Small Business Fair Dismissal Code. We know that the code, of course, arose from Labor's Forward with Fairness policies that they took to the 2007 election and were ultimately recognised in the Fair Work Act. When the Fair Work Bill was introduced, the then minister, Minister Gillard, said:

The bill provides a new scheme of unfair dismissal protections to ensure good employees are protected from being dismissed unfairly, while enabling employers to manage under-performing employees with fairness and with confidence.

I understand that the Small Business and Family Enterprise Ombudsman has reviewed a range of decisions and reports on the effectiveness of the code and indicated that the code is not achieving its original intent. There are a number of other points about its original intent that I could go into. But what the discussion paper will canvass is the views of employees, employers and their representatives on how the code might be amended to provide clearer guidance to small business employees and employers on the fairness of decisions to dismiss employees.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Sheldon, a supplementary question?

Tony Sheldon (NSW, Australian Labor Party) Share this | Link to this | Hansard source

Yesterday the minister refused to rule out any weakening of the better off overall test. Why?

Marise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

As I believe I also indicated yesterday, the Attorney-General and Minister for Industrial Relations is intending to issue a discussion paper on the operation of the enterprise bargaining system in 2020. The object of that is to consider ways in which enterprise agreements can be made and approved in a faster and more simple way. As with all other discussion papers, the views of stakeholders, employees, employers and representative organisations will be sought and will be considered before any decisions are made. This government, as I also indicated yesterday, recognises that an effective industrial relations system should strive to balance the needs of both employees and employers. That is why the Prime Minister has asked the Attorney-General, in his capacity as Minister for Industrial Relations, to take a look at the system.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Sheldon, a final supplementary question?

Tony Sheldon (NSW, Australian Labor Party) Share this | Link to this | Hansard source

Government members are calling for the watering down of unfair dismissal laws, the weakening of the better off overall test and the ripping up of the modern award system. Why didn't the government tell the Australian people at the last election that it intended to introduce Work Choices mark II?

Marise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I absolutely reject the premise of Senator Sheldon's question, because the government were very clear and received a clear mandate from the Australian people in relation to our policies. As I've said, we recognise that Australia needs an effective industrial relations system that strives to balance the needs of both employees and employers. We ought to have a look at the system to identify how it is operating, and, where there are impediments to shared gains for employers and employees, we can also ensure the protection of employees' rights. Any of the topics to be examined for review will be based on evidence and data, and we welcome input from all stakeholders—all stakeholders. I'm sure that will include those opposite, I'm sure that will include registered organisations, I'm sure that will include employers and employees and their representative organisations, and that is absolutely the way the process should work. That is absolutely the way the government should take input from the community and that is what the government— (Time expired)