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Wednesday, 17 February 1999
Page: 3070


Mr BARTLETT (7:51 PM) —Like most rational Australians, I was appalled by last night's decision by the Senate to overturn the government's small business exemption in the unfair dismissal laws. This short-sighted decision by the ALP and the Democrats was a conspiracy against small business, a conspiracy against the unemployed and a conspiracy against battlers in electorates such as my electorate of Macquarie.

Late last year, just a couple of days after the Minister for Employment, Workplace Relations and Small Business announced the decision to exempt small business from these unfair dismissal laws, I had a small businessman in my electorate office talking about a totally different issue. At the end of that interview, as he got up to leave, he said to me, `Next time you see Peter Reith congratulate him on this decision regarding the unfair dismissal laws. I'm now going to go out and put on an apprentice.' That was totally unsolicited. That is what the small businessman said to me. I wonder how he feels now. I wonder how dudded he feels having taken that risk in good faith knowing that the government had done the right thing by small business. Knowing that the government had done the right thing by the unemployed, he went out and gave a young person a job. How dudded he must feel now that the Senate, the ALP and Democrats have overthrown this rational, sensible and fair decision.

Mr Laurie Ferguson interjecting


Mr BARTLETT —I am not sure what the situation will be but I am sure that this particular small businessman, like many thousands throughout the country, would be reluctant to take the risk again. How many other members have heard their constituents say, `I'd like to give a young person a job but I'm not willing to take the risk because of Labor's unfair dismissal laws. I'd like to help out the unemployed but it's too big a risk to take'?

I could tell many stories of small business people in my electorate, but I will just mention a couple. The first case involved a small car repair business. This business had an employee who failed repeatedly to follow instructions to the extent that it cost this business a lot of money because of mechanical repairs that were not done properly. After several warnings they dismissed this employee, who then took them to court in an unfair dismissal case. The employer found out not long afterwards that this was the second unfair dismissal case and followed one the same employee had taken against a former employer. This business had to waste considerable energy, considerable time, and considerable money in fighting a case that they should not have been forced to take, all because of a vexatious claim by an employee.

The second case involved a small manufacturer in my electorate who used flammable liquids. This employer gave a very clear warning to employees before they were taken on that there was to be no smoking on the job because of the danger to the business and other employees from the flammable liquids. Two employees were caught smoking and were dismissed. Again, an unfair dismissal case ensued. Again, there was considerable cost and considerable time wasted. There was also considerable inconvenience for this employer who was trying to do the right thing by his employees.

The third case involved another small manufacturer in my electorate. This manufacturer was approached one day by a difficult employee, who said, `I quit. I don't want to work here anymore. I quit.' Because he had been somewhat difficult, the employer said, `Okay, your resignation's accepted. I accept your termination.' They parted on good terms. Two days later the employee came back, presumably after some consultation with and persuasion by the union, and said, `Sorry, I don't want to quit any more. I want my job back.' The employer, quite rightly, said, `I'm sorry. You resigned. I accepted your resignation. That's the end of the story.' This employer was also threatened with an unfair dismissal case. He had to settle out of court in a case that cost him several thousand dollars. These are three examples of the unfairness of the current legislation that the Labor Party and the Democrats refuse to allow to be changed. This legislation is costing jobs and it is hurting small business. In today's Financial Review Mr Siekmann, representative of the Small Business Association of Australia, said `the Senate had failed to understand the problems faced by small businesses in defending dismissal claims'. The Senate fails to understand small business, the Senate fails to understand the unemployed and, what is worse, the Senate fails to care for small business and the unemployed. (Time expired)