Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:18_20a
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 18 cl 20A
Character Range: 600902–603502

20A  Report about unfair dismissal
(1) The General Manager of the FWC must prepare a written report about the first 3 years operation of the unfair dismissal system.
(2) The report must deal with the experiences employers, and in particular small and medium‑sized enterprise employers, and employees have had with the unfair dismissal system.
(3) To prepare the report, the General Manager of the FWC may do the following:
 (a) seek public submissions;
 (b) conduct surveys of employers, employees and any other persons affected by, or who have had experience with, the unfair dismissal system;
 (c) hold public hearings;
 (d) gather information in any other way he or she thinks fit.
(4) Where possible, the report should include:
 (a) the number of unfair dismissal applications made; and
 (b) the number of persons who were employed by each applicant's employer; and
 (c) the number of applicants who were employed by a small business employer; and
 (d) the number of applicants employed by small business employers whose dismissals were not consistent with the Small Business Fair Dismissal Code; and
 (e) the number of applicants found to have been unfairly dismissed, and of those applicants:
 (i) the number whose reinstatement was ordered by the FWC; and
 (ii) the number awarded compensation by the FWC, and the amounts of that compensation; and
 (iii) the number dismissed by a small business employer; and
 (f) the number of unfair dismissal applications that were made after the period of 14 days specified in paragraph 394(2)(a) of the FW Act and the number of those applications that were allowed by the FWC under subsection 394(3) of the FW Act; and
 (g) the number of unfair dismissal applications discontinued, and the stages at which those applications were discontinued; and
 (h) the amounts of compensation paid, or the other remedies provided, when unfair dismissal applications were settled.
(5) The General Manager of the FWC must give the Minister the report as soon as practicable and, in any event, within 6 months after the end of the period mentioned in subitem (1).
(6) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
(7) Subsections 34C(4) to (7) of the Acts Interpretation Act 1901 apply to the report as if it were a periodic report within the meaning of that definition in subsection 34C(1) of that Act.
(8) In this item:
applicant means a person who has made an unfair dismissal application.
unfair dismissal system means Part 3‑2 of the FW Act.