The ‘100 employees or fewer” constraint will no longer exist under a Labor Government.
Fair Work Australia will allow an employee to bring an unfair dismissal claim
1) If they work for an employer who employs more than 15 employees and have worked there for at least 6 months.
2) If they work for an employer who employs less then 15 employees and have worked there for at least 12 months
3) If they earn less than $98 200 per annum and they are not covered by an award.
An unfair dismissal claim must be brought to Fair Work Australia within seven days. Remedies include reinstatement in employment or compensation where reinstatement is no longer appropriate.

A Fair Dismissal Code will be introduced for small business which is designed to mollify the all important small business owner voting bloc. Where a business has dismissed an employee within the specifications of the code, that dismissal will be considered to be fair. .
Intriguingly, the yet-to-be-drafted Code will deal with situations where “an employer has reported an employee to the police for suspected theft, fraud or for violence in the workplace…. Employees who engage in stealing, violence, or disruption at
work don’t deserve protection from dismissal.”5

How this affects the rights of an innocent employee who is reported to the police by a suspicious or malicious employer, is not canvassed. One hopes it will be, when and if the Code comes into existence. However, since the code has not yet been drafted, it is not known what practical effect it will have on a pre-existing right to be protected from unfair dismissal.