Lift unfair dismissal threshold to 25, says caterers

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Lift unfair dismissal threshold to 25, says caterers

Employers in the restaurant and catering industry want the unfair dismissal threshold lifted from 15 to 25 employees and more restrictions on right of entry for trade union officials.

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Employers in the restaurant and catering industry want the unfair dismissal threshold lifted from 15 to 25 employees and more restrictions on right of entry for trade union officials.

They also want employees to be required to comply with dispute settlement procedures in their enterprise agreements before going to the Fair Work Ombudsman, and for Individual Flexibility Agreements to allowing employers and employees to reach local level workplace agreements.

Restaurant & Catering Australia has met with the Fair Work Act review panel in Sydney to raise its concerns about the current Act and to press for changes.

Chief executive officer John Hart said it is important that the panel makes recommendations to the government for comprehensive reforms to the existing legislation.

Businesses struggling
 
‘Many businesses in this industry are struggling to keep afloat under the regulatory burden the Fair Work legislation has created,’ he said.

Hart and workplace relations director Greg Parkes called on the panel to include the following amendments to the Fair Work Act 2009:
  • Increase the unfair dismissal small business threshold to 25 full-time equivalent employees and enshrine this into the Small Business Fair Dismissal Code.
  • Introduce a pre-approval assessment process for enterprise agreements, giving small business employers more certainty in the enterprise bargaining process.
  • Rectify the public holiday provisions in the National Employment Standards that double the entitlements in some states and resolve the national standard for long service leave.
  • Include in the Fair Work Information Statement a requirement that employees must comply with the dispute settlement procedure before contacting the Fair Work Ombudsman.
  • Provide certainty over the use of Individual Flexibility Agreements, allowing employers and employees to reach local level workplace agreements.
  • Reduce the responsibilities of the Fair Work Ombudsman office, to ensure overlapping with the Fair Work Australia Tribunal is eliminated.
  • Allow variations of Modern Awards within the four-year review period to where economic benefits can be demonstrated.
  • Restrict right-of-entry provisions for trade union officials.
  • Update the transfer-of-business provisions to simplify for employers acquiring other businesses.


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