Section 381 — Fair Work Act 2009 (Cth)

(1) The object of this Part is:

(a) to establish a framework for dealing with unfair dismissal that balances:

(i) the needs of business (including small business); and

(ii) the needs of employees; and

(b) to establish procedures for dealing with unfair dismissal that:

(i) are quick, flexible and informal; and

(ii) address the needs of employers and employees; and

(c) to provide remedies if a dismissal is found to be unfair, with an emphasis on reinstatement.

(2) The procedures and remedies referred to in paragraphs (1)(b) and (c), and the manner of deciding on and working out such remedies, are intended to ensure that a “fair go all round” is accorded to both the employer and employee concerned.

Note: The expression “fair go all round” was used by Sheldon J in in re Loty and Holloway v Australian Workers’ Union [1971] AR (NSW) 95.

Related sections

• s 378 — Contravening costs orders
• s 379 — Guide to this Part
• s 380 — Meanings of employee and employer
• s 382 — When a person is protected from unfair dismissal
• s 383 — Meaning of minimum employment period
• s 384 — Period of employment

Research how courts apply s 381

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.