FEB20 EDITION - Digital

connection with the slaughter of livestock a weekly hire employee working in connection with the meat industry and whose termination is determined solely by seasonal factors. As mentioned previously, the minimum period of notice of termination provided by the applicablemodern award or enterprise •

greater determinant of the question.

• the way in which wages are paid – hourly rates are more consistent with casual employment than are weekly wages • the period of time over which the employment extends – the longer the length of service the less likely the employee is a casual employee • the number of hours worked per week – the more numerous the hours worked the less likely the employee is a casual employee • whether the employee had a consistent starting and set finishing time – the more consistent the hours the less likely the employee is casual • whether the employee worked according to a roster system that was published in advance – the more regular and planned are the hours the less likely the employee is casual • whether there was a reasonable mutual expectation of continuity of employment – if so, the less likely the employee is a casual • whether notice was required by the employer prior to the employee being absent or on leave – if so, the less likely the employee is a casual • whether the employee was informed of the casual nature of the employment – if not, the employee is less likely to be casual. Powers of Fair Work Inspectors We are fully aware of the angst caused by inspections particularly during the busy season. The visits and time required to provide such information is both time consuming and creates potential concerns. THA has assisted members in many way such as requesting an extension of time on document presentation or advice on responding to any and all requests. THA want to continue to ensure all members in all regions have full awareness of the legislative requirements. More valuable information on the Powers of Fair Work Inspectors can be found on the following site: https://www.fairwork.gov.au/how-we- will-help/templates-and-guides/fact- sheets/about-us/powers-of-fair-work- inspectors

agreement is still enforceable. What is casual employment?

The answer to the above question is based on the presumption the employee is a casual employee. This can be difficult to determine in some circumstances. It is important to determine the nature of the employment relationship: a casual employee, generally, does not have access to entitlements available to part-time or weekly employees, such as paid annual leave, paid personal/carer’s leave, public holidays, notice of termination, etc. This also needs constant review by the employer as the nature of a position may change during the course of employment. The Fair Work Act does not define the meaning of ‘casual employee’ so this term has its own general meaning as determined by case law. The following factors have been considered in case law as relevant indicators of the existence of a casual employment relationship. It should be noted list is not exhaustive, nor is any particular factor a

FairWork Compliance Campaign

Industrial Health Checks - Compliance Audits THA conduct industrial Health checks and compliance awareness as part of the industry and membership services. Remember, members at any time can seek assistance with this process and or any areas of concern as required by contacting myself on contact details below. Visit the following site to view the check list: https://www.fairwork.gov.au/ ArticleDocuments/715/Self-audit-checklist. pdf.aspx

February 2020 www.tha.asn.au

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