Fair Work Bill: Summary Continued - Page 7

Unfair Dismissal

The unfair dismissal process is being extensively revised under the Fair Work Bill. The limitation on access to the process for employees of businesses with 100 or fewer employees is being removed. There will be a more limited exclusion of access to unfair dismissal. That is, employees of larger employers (15 or more employees) will need to serve a qualifying period of 6 months before accessing the system. Those of smaller employers (fewer than 15 employees) will need to serve a qualifying period of 12 months. Non-Award employees earning an indexed high-income (currently $106,400 or more) will be excluded from the system.

Reinstatement will be the principal remedy available under the new process. Compensatory remedies must not exceed the lower of half the high-income threshold or 26 weeks’ wages.

Applications for unfair dismissal must be made within 7 days of the dismissal taking effect.

Lawyers or paid agents will only be able to participate in the process in limited circumstances and only with the permission of Fair Work Australia.

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