Eric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

To get it clear, this does not only apply to a company or a business restructure; it also applies, as I understand it, to an unfair dismissal situation. Under this regime, reinstatement is going to be the thing that Fair Work Australia must concentrate on, under section 390(3). Therefore, if there is the possibility of Fair Work Australia ordering the removal costs for somebody to another associated entity, the prospect of what we have been concerned about—go-away money being paid—will become a very real and live issue because an employer could be confronted not only with the issue of reinstating somebody within their business enterprise but incurring substantial removal costs.

In those circumstances, I know what I would be doing if I were acting for that particular employee. I would be saying, ‘There’s a real chance of some sort of cost being incurred. Just sling me $3,000 or $4,000 and we’ll go away’—and we would be right back in the circumstance which we believe was not conducive to employers taking on employees. We have always been concerned about this, but in a time of rising unemployment we are especially concerned. I do not intend to prolong the debate in relation to this matter other than to indicate our opposition to it. If there is a chance that one or two of the crossbench senators were to come with us we would, of course, call a division. If not, I think I have registered the coalition’s views in relation to this matter as being something that, at the end of the day, will be very anti jobs and a burden in particular for small business, which are two of the three benchmarks that I have been talking about throughout the consideration of this bill.