Employment Relations -Business Improvement Update
provisions in the workplace relations Bill introduced into Parliament. As the submission states, the Bill’s proposed definition of casual employment undermines the legitimate role of casual employees in our workforce. Furthermore, the proposed definition makes it almost impossible for an employer to engage a casual worker in any meaningful way without exposing themselves to the real risk of being found to have breached the proposed section 359A. If sanctioned, the proposed legislation will also result in casuals being given fewer regular rosters and may not suit the casual employee affected. By that we mean for family or study reasons, benefits from a regular roster and is in receipt of the casual rate and flexibility that casual employment enables. The AHA/AA team will continue to engage with the Minister’s office plus, has offered to appear at the Senate inquiry into the legislation.
submission with the Bill is that it: • Changes the definition of a casual by making it illegal to pay someone as a casual if they are working regular and systemic hours e.g. every Friday and Saturday night • Penalises employers for honest mistakes (up to $93,000) The submission indicated that in our view none of the Bill relating to casuals is required. However, in the alternative, the following are the key messages that the Government needs to change: • Simplifying the proposed new definition of a casual worker by eliminating the need to “disprove a negative”. • Inserting that where a pattern of work is established by the employee’s own requirements, advised availability or at their request – then the worker remains a casual • Removing the penalty provision if a mistake has been made but has been rectified.
In summary, the key areas targeted relate to casual workers. The key areas of concern raised by the
Enquiries? Contact Merv Saltmarsh E: merv@tha.asn.au Ph: 0407869924
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