House debates

Wednesday, 11 November 2020

Questions without Notice

JobMaker Hiring Credit

2:25 pm

Photo of Christian PorterChristian Porter (Pearce, Liberal Party, Attorney-General) Share this | Hansard source

As well as putting fear into the community it sends precisely the wrong message and describes something as potentially lawful which is absolutely unlawful. If any employer tried to do what the Leader of the Opposition has said that they might be able to do—which they cannot do; that is sending absolutely the wrong message. The reason for that is that all of the usual protections under the Fair Work Act apply—protections from unfair dismissal. They're very, very important protections. Any kind of breach of those carries significant civil penalties of up to $13,320 for an individual and $66,000 for a body corporate. It is absolutely unlawful to dismiss someone without a valid reason for dismissal. What was described by the Leader of the Opposition would never be a valid reason.

What he's doing, precisely, is sending the absolute wrong message about what is lawful and what is not lawful. It would be absolutely unlawful, and every employer who is listening would get the wrong message from the Leader of the Opposition. The correct message from this government, as well as all of the protections that the Treasurer has described, is that this has the general protections in the Fair Work Act, and it would be absolutely unlawful under the Fair Work Act for anything like what the Leader of the Opposition has described to occur. He should never suggest otherwise.

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