I am pleased to announce a scheme to provide legal assistance to employees who believe their employment may have been terminated unlawfully.
The plan also includes a comprehensive education and training programme for employers.
This initiative in no way relates to the already announced intention to repeal the job-destroying unfair dismissal laws for businesses employing fewer than 100 people. The distinction between unlawful termination and unfair dismissal should be kept in mind.
Under the Australian Government's workplace relations reforms, employees will continue to be protected from unlawful termination regardless of the size of the business.
As is the case under existing workplace relations legislation, workers will be protected against unlawful termination on such grounds as trade union membership, family responsibilities, pregnancy, temporary absence from work due to illness or injury or due to discriminatory reasons, for example, race, colour, gender and age.
If an employee believes their employment was terminated unlawfully, that person will be entitled to seek redress through the court, unless the employer can prove that the termination was for a reason that was not unlawful.
To protect workers, who consider they have been unlawfully terminated, the Australian Government will provide eligible employees with up to $4000 worth of independent legal advice to determine whether their case has merit and should proceed to court.
Employees will be eligible to receive the legal advice if they have a certificate from the Australian Industrial Relations Commission stating that their claim has merit and if they are assessed as having financial need. Financial assistance will be targeted at those who would not otherwise be able to seek legal advice without financial support.
Terminated employees who have met the merit and financial need criteria will then be referred to a member of a legal panel. Up to $4,000 worth of legal advice will subsequently be provided to the terminated worker.
The Australian Government has a clear message for employers who believe they can treat their workers poorly.
Such employers have no place in a modern productive Australia. Good, honest Australian workers deserve to be treated with consideration and respect.
To complement the assistance for employees, the Government will also provide $5 million for a 'best practice' education and training programme on fair and proper employment termination practices. This will assist employers in their understanding and obligations under the reformed unfair and unlawful termination of employment provisions.
The Hon Kevin Andrews MP, Minister for Employment and Workplace Relations, and his Department will oversee the scheme.