The WA parliamentary question concerns the potential loss of employee protections in WA due to the Howard government's proposed industrial relations changes, particularly regarding unfair dismissal laws for employees in smaller incorporated organisations. The Minister expresses strong concern and criticizes the opposition's stance.

AnsweredQoN 706Legislative Assembly
Asked
15 November 2005
Portfolio
Consumer and Employment Protection

QuestionView source ↗

What protections will Western Australian employees lose as a result of the Howard government’s proposed industrial relations changes? Mr J.C. KOBELKE

AnswerView source ↗

I thank the member for the question, because there is genuine concern that the protections for employees that we have taken for granted in this state are under threat. Protection is provided by award conditions that go a long way towards ensuring decent employment conditions. There is also the ability to have one’s conditions upheld through arbitration in the Industrial Relations Commission. Again, that is under threat because of the Howard legislation. The biggest threat of all is the removal of protection from unfair dismissal for people employed by an incorporated organisation with fewer than 100 employees. The figures I have indicate that about 23 per cent of Western Australian employees are employed by incorporated organisations with fewer than 100 employees. That means that about a quarter of the Western Australian work force would immediately - without changes of incorporation, etc - lose the protections and remedies that exist under unfair dismissal laws in this state. I cannot understand - Mr T.R. Buswell : A $5 000 or $10 000 remedy? Mr J.C. KOBELKE : Why does the Deputy Leader of the Opposition want to do away with unfair dismissal rights? Mr T.R. Buswell : Because they are an inhibitor to job growth. Mr J.C. KOBELKE : The unfair dismissal laws apply only if an employee is dismissed in a manner that is harsh, unjust and unreasonable. The Deputy Leader of the Opposition is saying that he is happy for employees to be treated harshly, unjustly and unreasonably because he has bought the line that more jobs will be created. There is no credible study to indicate that taking away the rights of people to protect themselves from unjust, harsh or unreasonable treatment by their employer will result in employment growth. Mr T.R. Buswell : You need to go out into the real world. Mr J.C. KOBELKE : The Deputy Leader of the Opposition suggested that I go out into the real world. In the real world that I know - I think I know this part quite well - Australians do not expect their fellow workers to be treated harshly, unjustly and unreasonably and to have no recourse at law. That is what ordinary Australians believe. The Deputy Leader of the Opposition should step into the real world and understand that what he is supporting will be anathema to the vast majority of working Australians, because the protection afforded them and their families will be lost if unfair dismissal rights are removed. Several members interjected. The SPEAKER : Order, members! I call to order the members for Nedlands, Avon and Alfred Cove.
Mr J.C. KOBELKE replied: I thank the member for the question, because there is genuine concern that the protections for employees that we have taken for granted in this state are under threat. Protection is provided by award conditions that go a long way towards ensuring decent employment conditions. There is also the ability to have one’s conditions upheld through arbitration in the Industrial Relations Commission. Again, that is under threat because of the Howard legislation. The biggest threat of all is the removal of protection from unfair dismissal for people employed by an incorporated organisation with fewer than 100 employees. The figures I have indicate that about 23 per cent of Western Australian employees are employed by incorporated organisations with fewer than 100 employees. That means that about a quarter of the Western Australian work force would immediately - without changes of incorporation, etc - lose the protections and remedies that exist under unfair dismissal laws in this state. I cannot understand - Mr T.R. Buswell : A $5 000 or $10 000 remedy? Mr J.C. KOBELKE : Why does the Deputy Leader of the Opposition want to do away with unfair dismissal rights? Mr T.R. Buswell : Because they are an inhibitor to job growth. Mr J.C. KOBELKE : The unfair dismissal laws apply only if an employee is dismissed in a manner that is harsh, unjust and unreasonable. The Deputy Leader of the Opposition is saying that he is happy for employees to be treated harshly, unjustly and unreasonably because he has bought the line that more jobs will be created. There is no credible study to indicate that taking away the rights of people to protect themselves from unjust, harsh or unreasonable treatment by their employer will result in employment growth. Mr T.R. Buswell : You need to go out into the real world. Mr J.C. KOBELKE : The Deputy Leader of the Opposition suggested that I go out into the real world. In the real world that I know - I think I know this part quite well - Australians do not expect their fellow workers to be treated harshly, unjustly and unreasonably and to have no recourse at law. That is what ordinary Australians believe. The Deputy Leader of the Opposition should step into the real world and understand that what he is supporting will be anathema to the vast majority of working Australians, because the protection afforded them and their families will be lost if unfair dismissal rights are removed. Several members interjected. The SPEAKER : Order, members! I call to order the members for Nedlands, Avon and Alfred Cove.
I thank the member for the question, because there is genuine concern that the protections for employees that we have taken for granted in this state are under threat. Protection is provided by award conditions that go a long way towards ensuring decent employment conditions. There is also the ability to have one’s conditions upheld through arbitration in the Industrial Relations Commission. Again, that is under threat because of the Howard legislation. The biggest threat of all is the removal of protection from unfair dismissal for people employed by an incorporated organisation with fewer than 100 employees. The figures I have indicate that about 23 per cent of Western Australian employees are employed by incorporated organisations with fewer than 100 employees. That means that about a quarter of the Western Australian work force would immediately - without changes of incorporation, etc - lose the protections and remedies that exist under unfair dismissal laws in this state. I cannot understand - Mr T.R. Buswell : A $5 000 or $10 000 remedy? Mr J.C. KOBELKE : Why does the Deputy Leader of the Opposition want to do away with unfair dismissal rights? Mr T.R. Buswell : Because they are an inhibitor to job growth. Mr J.C. KOBELKE : The unfair dismissal laws apply only if an employee is dismissed in a manner that is harsh, unjust and unreasonable. The Deputy Leader of the Opposition is saying that he is happy for employees to be treated harshly, unjustly and unreasonably because he has bought the line that more jobs will be created. There is no credible study to indicate that taking away the rights of people to protect themselves from unjust, harsh or unreasonable treatment by their employer will result in employment growth. Mr T.R. Buswell : You need to go out into the real world. Mr J.C. KOBELKE : The Deputy Leader of the Opposition suggested that I go out into the real world. In the real world that I know - I think I know this part quite well - Australians do not expect their fellow workers to be treated harshly, unjustly and unreasonably and to have no recourse at law. That is what ordinary Australians believe. The Deputy Leader of the Opposition should step into the real world and understand that what he is supporting will be anathema to the vast majority of working Australians, because the protection afforded them and their families will be lost if unfair dismissal rights are removed. Several members interjected. The SPEAKER : Order, members! I call to order the members for Nedlands, Avon and Alfred Cove.
Mr T.R. Buswell : A $5 000 or $10 000 remedy? Mr J.C. KOBELKE : Why does the Deputy Leader of the Opposition want to do away with unfair dismissal rights? Mr T.R. Buswell : Because they are an inhibitor to job growth. Mr J.C. KOBELKE : The unfair dismissal laws apply only if an employee is dismissed in a manner that is harsh, unjust and unreasonable. The Deputy Leader of the Opposition is saying that he is happy for employees to be treated harshly, unjustly and unreasonably because he has bought the line that more jobs will be created. There is no credible study to indicate that taking away the rights of people to protect themselves from unjust, harsh or unreasonable treatment by their employer will result in employment growth. Mr T.R. Buswell : You need to go out into the real world. Mr J.C. KOBELKE : The Deputy Leader of the Opposition suggested that I go out into the real world. In the real world that I know - I think I know this part quite well - Australians do not expect their fellow workers to be treated harshly, unjustly and unreasonably and to have no recourse at law. That is what ordinary Australians believe. The Deputy Leader of the Opposition should step into the real world and understand that what he is supporting will be anathema to the vast majority of working Australians, because the protection afforded them and their families will be lost if unfair dismissal rights are removed. Several members interjected. The SPEAKER : Order, members! I call to order the members for Nedlands, Avon and Alfred Cove.
Mr J.C. KOBELKE : Why does the Deputy Leader of the Opposition want to do away with unfair dismissal rights? Mr T.R. Buswell : Because they are an inhibitor to job growth. Mr J.C. KOBELKE : The unfair dismissal laws apply only if an employee is dismissed in a manner that is harsh, unjust and unreasonable. The Deputy Leader of the Opposition is saying that he is happy for employees to be treated harshly, unjustly and unreasonably because he has bought the line that more jobs will be created. There is no credible study to indicate that taking away the rights of people to protect themselves from unjust, harsh or unreasonable treatment by their employer will result in employment growth. Mr T.R. Buswell : You need to go out into the real world. Mr J.C. KOBELKE : The Deputy Leader of the Opposition suggested that I go out into the real world. In the real world that I know - I think I know this part quite well - Australians do not expect their fellow workers to be treated harshly, unjustly and unreasonably and to have no recourse at law. That is what ordinary Australians believe. The Deputy Leader of the Opposition should step into the real world and understand that what he is supporting will be anathema to the vast majority of working Australians, because the protection afforded them and their families will be lost if unfair dismissal rights are removed. Several members interjected. The SPEAKER : Order, members! I call to order the members for Nedlands, Avon and Alfred Cove.
Mr T.R. Buswell : Because they are an inhibitor to job growth. Mr J.C. KOBELKE : The unfair dismissal laws apply only if an employee is dismissed in a manner that is harsh, unjust and unreasonable. The Deputy Leader of the Opposition is saying that he is happy for employees to be treated harshly, unjustly and unreasonably because he has bought the line that more jobs will be created. There is no credible study to indicate that taking away the rights of people to protect themselves from unjust, harsh or unreasonable treatment by their employer will result in employment growth. Mr T.R. Buswell : You need to go out into the real world. Mr J.C. KOBELKE : The Deputy Leader of the Opposition suggested that I go out into the real world. In the real world that I know - I think I know this part quite well - Australians do not expect their fellow workers to be treated harshly, unjustly and unreasonably and to have no recourse at law. That is what ordinary Australians believe. The Deputy Leader of the Opposition should step into the real world and understand that what he is supporting will be anathema to the vast majority of working Australians, because the protection afforded them and their families will be lost if unfair dismissal rights are removed. Several members interjected. The SPEAKER : Order, members! I call to order the members for Nedlands, Avon and Alfred Cove.
Mr J.C. KOBELKE : The unfair dismissal laws apply only if an employee is dismissed in a manner that is harsh, unjust and unreasonable. The Deputy Leader of the Opposition is saying that he is happy for employees to be treated harshly, unjustly and unreasonably because he has bought the line that more jobs will be created. There is no credible study to indicate that taking away the rights of people to protect themselves from unjust, harsh or unreasonable treatment by their employer will result in employment growth. Mr T.R. Buswell : You need to go out into the real world. Mr J.C. KOBELKE : The Deputy Leader of the Opposition suggested that I go out into the real world. In the real world that I know - I think I know this part quite well - Australians do not expect their fellow workers to be treated harshly, unjustly and unreasonably and to have no recourse at law. That is what ordinary Australians believe. The Deputy Leader of the Opposition should step into the real world and understand that what he is supporting will be anathema to the vast majority of working Australians, because the protection afforded them and their families will be lost if unfair dismissal rights are removed. Several members interjected. The SPEAKER : Order, members! I call to order the members for Nedlands, Avon and Alfred Cove.
Mr T.R. Buswell : You need to go out into the real world. Mr J.C. KOBELKE : The Deputy Leader of the Opposition suggested that I go out into the real world. In the real world that I know - I think I know this part quite well - Australians do not expect their fellow workers to be treated harshly, unjustly and unreasonably and to have no recourse at law. That is what ordinary Australians believe. The Deputy Leader of the Opposition should step into the real world and understand that what he is supporting will be anathema to the vast majority of working Australians, because the protection afforded them and their families will be lost if unfair dismissal rights are removed. Several members interjected. The SPEAKER : Order, members! I call to order the members for Nedlands, Avon and Alfred Cove.
Mr J.C. KOBELKE : The Deputy Leader of the Opposition suggested that I go out into the real world. In the real world that I know - I think I know this part quite well - Australians do not expect their fellow workers to be treated harshly, unjustly and unreasonably and to have no recourse at law. That is what ordinary Australians believe. The Deputy Leader of the Opposition should step into the real world and understand that what he is supporting will be anathema to the vast majority of working Australians, because the protection afforded them and their families will be lost if unfair dismissal rights are removed. Several members interjected. The SPEAKER : Order, members! I call to order the members for Nedlands, Avon and Alfred Cove.
Several members interjected. The SPEAKER : Order, members! I call to order the members for Nedlands, Avon and Alfred Cove.
The SPEAKER : Order, members! I call to order the members for Nedlands, Avon and Alfred Cove.

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