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Updated Fair Work forms released in July 2010

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The Federal Government released updated versions of two important Fair Work forms in July being the Small Business Fair Dismissal Code and the Fair Work Information Statement.

Fair Dismissal Code

The Small Business Fair Dismissal Code (Code) sets out a process for the dismissal of employees by small business employers (ie, employers with fewer than 15 full time equivalent employees).  It is accompanied by a Small Business Fair Dismissal Code Checklist (Checklist) which will help small businesses comply with the Code.

The government’s changes to the Code and the Checklist relate to redundancy and employee requests for a support person during the termination process.

Under the relevant laws, a dismissal will be considered a genuine redundancy if:

  • the employer no longer required the employee’s job to be performed by anyone because of changes in the operational requirements of the employer’s enterprise
  • the employer complied with any obligation in a modern award or enterprise agreement that applied to the employment to consult about the redundancy.

A dismissal is not a case of genuine redundancy if it would have been reasonable in all the circumstances for the person to be redeployed within the employer’s enterprise or an associated entity of the employer.

The Checklist now asks whether the employee made any request to have a support person present and whether the employer agreed to any such request.

The Checklist should be used by employers to assist in following the Code and as a record of proceedings.  It will be valuable evidence if faced with an unfair dismissal claim.

Download the new Code.

Fair Work Information Statement

An updated version of the Fair Work Information Statement (Statement) was also released.

To comply with the National Employment Standards, the Statement must be given to all new employees before or as soon as practicable after they start employment.  The new Statement reflects the change to the high income threshold from $108,300 to $113,800.

Download the new Statement.

For more information about unfair dismissal and the National Employment Standards, please contact one of our Workplace Relations lawyers.

Author:  Richard Scougall