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ARTICLE · 29 JANUARY 2009

Fair Work Bill - Unfair And Unlawful Dismissal

Cooper Grace Ward
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This bulletin summarises some of the key aspects of the Fair Work Bill concerning unfair dismissal and unlawful dismissal. These particular legislative provisions are intended to take effect on 1 July 2009.

AustraliaEmployment and HR
Heinz Lepahe
Heinz Lepahe
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As part of Cooper Grace Ward Lawyers fortnightly updates on the Fair Work Bill (Bill), this bulletin summarises some of the key aspects of the Bill concerning unfair dismissal and unlawful dismissal. These particular legislative provisions are intended to take effect on 1 July 2009.

A new umpire

Fair Work Australia (FWA) is the new umpire who will deal with disputes pertaining to dismissal. This body replaces the current Australian Industrial Relations Commission (AIRC). FWA's power is not known in its entirety but a number of rules surrounding its operation have been outlined.

Conferences and hearings will replace the AIRC's conciliation and arbitration process and hearings will only occur if FWA considers it appropriate in the circumstances. FWA will have the power to conduct its own investigations when facts are in dispute. This was not something that the AIRC had the power to do.

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