FED: Parliament bypassed on small business unfair dismissal

AAP General News (Australia)
12-17-1998
FED: Parliament bypassed on small business unfair dismissal

By Rosalind Mathieson

CANBERRA, Dec 17 AAP - The federal government was accused of cowardice today after it
bypassed parliament to remove protection from unfair dismissal for workers in small
businesses.

Workplace Relations Minister Peter Reith took advantage of a two-month parliamentary recess
to put the changes in place by regulation.

That set up a major new stoush with the Senate over the controversial small business
exemption, which it has already rejected twice.

But Mr Reith's timing gave the government a crucial two-month window before the Senate
could take a vote on disallowing his changes.

The minister said he had briefed key independent Senator Mal Colston but it was a matter
for him whether he supported the government.

"This does put the pressure on the Senate in a new way," he told ABC radio.

The opposition said he had used today's Gulf crisis as a cover for an act of cowardice.

And the Australian Democrats, with whom Mr Reith is negotiating in the hope of getting his
second round of industrial relations reforms passed, accused him of treating parliament with
contempt.

Under the changes, new workers at firms with 15 or fewer employees will have no redress
under federal unfair dismissal laws.

They will undergo a six-month probation period before they can access the laws.

Mr Reith said the regulations would be gazetted tomorrow and come into effect immediately.

Australian Democrats industrial relations spokesman Andrew Murray accused Mr Reith of
defying parliament.

"This is shocking, for two months workers are going to be discriminated against," Senator
Murray told AAP.

"The government is in defiance of parliament and in contempt of parliament.

"That will affect relations between the parliament and the minister in terms of other
changes he wants to do, because the parliament takes a very dim view of this sort of thing."

The Democrats believe changes to unfair dismissal laws in 1996 have reduced frivolous
claims, with most claims made in state and not federal jurisdictions.

Labor's industrial relations spokesman, Arch Bevis, said the government was cowardly for
resorting to regulations.

He accused Mr Reith of using today's Gulf crisis as cover to attack the rights of
Australian workers.

"I don't intend to let him get away with this attack on Australian workers," Mr Bevis said.

Council of Small Business Organisations of Australia chief executive Rob Bastian welcomed
the government's move.

"This is an early Christmas present for many small businesses," Mr Bastian told AAP.

Small firms had fewer resources for human resource issues and needed differentiation from
larger companies, he said.

AAP rmm/wjf/de

KEYWORD: SMALL NIGHTLEAD

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