Senate debates

Thursday, 19 March 2009

Fair Work Bill 2008

In Committee

1:25 am

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

Employers and employees are always free to negotiate any matter they wish to in the workplace, but in this instance the government believes enterprise agreements made under the workplace relations legislation must remain connected to the employment relationship. The matter of environmental issues is raised, but these issues can also be included in agreements if they pertain to the employment relationship.

In addition, in relation to the removal of the right of entry and unfair dismissal as unlawful content, the unfair dismissal provisions of the bill do ensure that good employees are protected from being dismissed unfairly. It is inappropriate for enterprise agreements to undermine these provisions. The terms of unfair dismissals may be included in enterprise agreements as long as they do not lessen the qualifying period for unfair dismissal or deviate from the unfair dismissal provisions of the bill in a way that is detrimental to an employee. It is appropriate, though, that an agreement cannot remove or undermine an employee’s entitlement to unfair dismissal protections.

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