Unfair Dismissal Lawyers Melbourne

The Federal Government has announced widespread changes to the Australian workplace relations system, by relying upon one of the heads of power under the Australian Constitution, namely the Corporations Power.  This allows them to make laws with respect to Australian companies including constitutional corporations.  It is their stated desire to have one set of laws governing workplace relations for the whole of Australia.  Effectively where this is not possible the Australian Government wishes to see the states freely give up their powers in this area and refer them to them. This legislation deals with fair pay, workplace agreements, termination of employment, the role of various institutions, strike action, award simplification, further limits on union power, the rules governing entitlements of employees on transmission of business and the role of workplace inspectors.

In Victoria the Kennett Government referred its power in the Industrial Relations environment to the Federal Government some years ago.  In short all Victorian and territory businesses are covered under the new system because of this referral and not because the Federal Government is relying upon the corporation’s power.  All employees of constitutional corporations are covered by the system including all corporate businesses in all other states.  According to the Federal Government approximately 85% of all businesses will be picked up although there is agitation by a number of state governments to prevent this occurring.  There is little doubt that all unincorporated businesses will fall outside the system because they are not corporations.

Although these changes are supposed to lead to a simplification of the system this has not in fact occurred.  There is a dual system operating both federally and within some states.  Although corporations will be picked up, sole traders, partnerships and trusts will not, including doctors, farmers and some sporting groups to name but a few.  In some cases the disenfranchised will be able to bring actions for breach of their employment contract and perhaps under the Trade Practices Act.  All employees, irrespective of size of the business will no longer have the opportunity to plead that they have been unfairly treated and selected for redundancy.

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