Senate debates

Tuesday, 14 October 2008

Safe Work Australia Bill 2008; Safe Work Australia (Consequential and Transitional Provisions) Bill 2008

In Committee

1:11 pm

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

I will not respond to interjections that are designed to miss the point. We are in fact getting rid of Work Choices. Where the CEO’s salary is over $100,000—though I am not sure of the exact figure—unfair dismissal provisions would not apply. I was referring to those usual protections that are available in terms of procedural fairness. Senator Abetz and the Greens characterised the minister’s power as being able to sack someone at will. I think that was the phrase that the Greens used. Of course, it is for unsatisfactory performance, not at will. There is no capriciousness embodied in the legislation. It is about ensuring that, if there is unsatisfactory work performance, that power is available. It does not mean that you can conclude it by just pointing at unsatisfactory work or stating the phrase. As you would appreciate, if these matters are contested, the circumstances would need to be examined. The phrase is not unusual in the sense that, if the CEO is not performing—if they are performing unsatisfactorily—that power is available.

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