Release type: Media Release


Small Business Fair Dismissal Code and Checklist


The Hon Simon Crean MP
Minister for Education
Minister for Employment and Workplace Relations
Minister for Social Inclusion

Minister for Employment and Workplace Relations, Simon Crean, today announced improvements to the supporting documentation and Checklist accompanying the Small Business Fair Dismissal Code to make it clearer the obligations of small business employers.

The Small Business Fair Dismissal Code provides small business employers with best practice procedures to follow when dismissing an employee.

Mr Crean said the Government has put in place a balanced unfair dismissal system that protects employees and is workable and simple for small businesses.

“The revisions that are being announcing today build on the streamlined unfair dismissal processes that have already been introduced, including access to telephone conciliation,” Mr Crean said.

“In response to some recent cases before Fair Work Australia, the Government has made revisions to supporting documentation to ensure that the Small Business Fair Dismissal Code and Checklist are working as intended,” Mr Crean said.

If the employer has followed the Code, the dismissal will be found to have been fair by Fair Work Australia.

While the Code is not mandatory, it is a special measure for small business employers to assist them when contemplating dismissing an employee and therefore ensuring that a dismissal is fair.

The Code itself has not been changed, but the supporting information and Checklist that employers can use to assist them in complying with the Code, have been revised.

The revisions also encourage small businesses to become familiar with their procedural obligations under the Code before they complete the Checklist.

For more information on the Fair Work system, please visit the Department of Education, Employment and Workplace Relations’ website: