Being dismissed – “Fair” Work Bill: Devils in the details

The “Fair” Work Bill: Devils in the details Being dismissed through redundancy.
A minimalist reform, already practiced by reasonable employers, is a requirement to notify redundancies to Centrelink section 530 and the union. Employers dismissing workers ‘for reasons of an economic, technological, structural or similar nature’ have to consult with the union to avert or mitigate the redundancies and adverse effects on employees who through no fault of their own face unemployment in a period of world recession. The “F”WA can make orders against employers not consulting with unions. (Part 3 6 Other rights and responsibilities Division 2 ).

But these rights inexplicitly only apply to dismissals of more than 15. Come off it! Why not to each and every individual made redundant? Where is the commitment to individual human rights?

Why allow employers this legal loop-hole to do a series of dismissals under 15 denying union negotiations and notice to Centrelink?

The worse employers already have corporate lawyers scheming on this clause

Working families in dealing with mass redundancies in many industries now and for many in coming recessionary times must have as the principle an employee’s right to have union and centreLink assistance = an individual when dismissed has the same difficulties and need for union assistance doesn’t matter how many are made redundant.

There is no necessity for the employer dismissing more than 15 to reach agreement after consultation on the terms of redundancy, another loop-hole for the hard-line employers. And workers and their unions know when they are not being consulted.

The real problem is that these so-called “Fair” Work reforms seem to be from the era of economic growth. ‘F’WB is as if workers are not in the greatest capitalist financial crisis for many decades.

A Labor government supporting working families requires labour laws providing much stronger job security provisions, looking after employees with long service, with family responsibilities, close to retirement etc and requiring new training, skills and employment or otherwise significant redundancy payments, such as one month’s pay for each year or service.

But the minimalist NES (national Employment Standards) has a pittance of a capped 14 weeks for 10 years.

Unforgiveably, the “F”WB has no requirement on small business for minimum standards for any assistance at all – nothing - by way of severance pay for millions of employees made redundant in small businesses, over 2 million employees under the 15 employees of more rule as the size of the business.

So we will have to debate the details about “F”WA.