CASUAL LABOR – AUSTRALIA

Small business faces $8bn holiday pay hit

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Original article by Dennis Shanahan
The Australian – Page: 1 & 4 : 15-Feb-19

Labor’s motion to disallow the Fair Work Amendment (Casual Loading Offset) Regulations is expected to be debated by the Senate on 2 April. The Coalition moved to clarify the status of casual workers via regulation in late 2018 in response to the WorkPac case, in which the Federal Court ruled that casual workers are entitled to annual leave in addition to a casual loading. Australian Industry Group CEO Innes Willox has urged parliament to reject the disallowance motion, warning that it would threaten the viability of many small businesses.

CORPORATES
AUSTRALIAN LABOR PARTY, WORKPAC PTY LTD, FEDERAL COURT OF AUSTRALIA, THE AUSTRALIAN INDUSTRY GROUP, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, ACTU, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA

Casualisation of workforce falls, finds ABS

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Original article by Tim Boyd
The Australian Financial Review – Page: 7 : 23-Jan-19

Official data shows that casual employees accounted for 22 per cent of the Australian workforce in May 2018, down from 22.6 per cent two years earlier. The Australian Bureau of Statistics’ latest biennial employees earnings survey also shows that the number of employees totalled 10,647,200 in May 2018. Mark Wooden, the director of the Household, Income and Labour Dynamics in Australia (HILDA) survey project, says the ABS survey provides an accurate reading on the number of casual employees as it interviews employers rather than workers.

CORPORATES
AUSTRALIAN BUREAU OF STATISTICS, CENTRE FOR FUTURE WORK, ACTU

ABC underpaid 2500 casual staff

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Original article by Max Mason
The Australian Financial Review – Page: 8 : 11-Jan-19

The ABC will undertake a review into how it came to underpay around 2,500 casual employees over the last six years. The public broadcaster’s chief people officer Rebekah Donaldson says it has notified the Fair Work Commission about the issue, and that it is getting in contact with current and former casual employees who might have been affected. The underpayment error was brought to the ABC’s attention by the Community & Public Sector Union; the CPSU’s ABC section secretary Sinddy Ealy says it had been concerned for some time about the ABC’s over-reliance on and payment of casual staff.

CORPORATES
AUSTRALIAN BROADCASTING CORPORATION, AUSTRALIA. FAIR WORK COMMISSION, COMMUNITY AND PUBLIC SECTOR UNION, MEDIA, ENTERTAINMENT AND ARTS ALLIANCE, ACTU

Coalition bid to end double dipping

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Original article by Tom McIlroy
The Australian Financial Review – Page: 3 : 11-Dec-18

Australian Industry Group CEO Innes Willox has welcomed the federal government’s response to a Federal Court ruling on the leave entitlements of casual employees. Industrial Relations Minister Kelly O’Dwyer says it is unfair that companies could be required to pay both a casual loading and paid leave. She says the government will clarify the situation via regulation under the Fair Work Act. It also plans to introduce legislation aimed at providing casuals who are employed on a regular basis with the right to request that they become permanent employees.

CORPORATES
AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, THE AUSTRALIAN INDUSTRY GROUP, FEDERAL COURT OF AUSTRALIA, WORKPAC PTY LTD, ACTU, AUSTRALIAN LABOR PARTY

Barnaby backs unions on casuals

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Original article by Ewin Hannan
The Australian – Page: 2 : 5-Dec-18

A parliamentary committee has expressed concern about the growing use of casual labour in Australia’s mining industry. The committee has supported the union movement’s proposal to allow casual mining workers to become permanent employees after a certain period of employment. Industrial Relations Minister Kelly O’Dwyer says the federal government will consider the committee’s recommendations. Australian Mines & Metals Association CEO Steve Knott argues that many employees prefer the increased flexibility and higher wages offered by casual work.

CORPORATES
AUSTRALIA. HOUSE OF REPRESENTATIVES STANDING COMMITTEE ON INDUSTRY, INNOVATION, SCIENCE AND RESOURCES, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), LIBERAL PARTY OF AUSTRALIA, NATIONAL PARTY OF AUSTRALIA, AUSTRALIAN LABOR PARTY, ACTU

Ex-union boss backs govt on casual pay

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Original article by Dana McCauley, Anna Patty
The Age – Page: 24 : 19-Oct-18

Industrial Relations Minister Kelly O’Dwyer will make an application to join the Commonwealth as a party to a Federal Court test case on the paid leave entitlements of casual workers. The WorkPac case has prompted concern that casual employees would be entitled to both a casual loading and paid leave. The ACTU has warned that the test case presents a risk to the job security of every permanent employee, but the peak union body’s former president Martin Ferguson says that allowing casuals to "double dip" is contrary to long-established industrial relations rules.

CORPORATES
AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, FEDERAL COURT OF AUSTRALIA, WORKPAC PTY LTD, ACTU, RIO TINTO LIMITED – ASX RIO

Small business backs flexi worker plan

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Original article by Ewin Hannan
The Australian – Page: 2 : 26-Sep-18

The NSW Business Chamber’s proposal to add a new category of "perma-flexi" employees to industry awards has been criticised by ACTU secretary Sally McManus. She says workers would have no certainty regarding their income or hours of work from one week to the next. However, Small Business and Family Enterprise Ombudsman Kate Carnell says the proposal has merit, noting that casual workers would be better off financially despite a reduction in their loading from 25 per cent to 10 per cent.

CORPORATES
NSW BUSINESS CHAMBER LIMITED, ACTU, AUSTRALIA. OFFICE OF THE AUSTRALIAN SMALL BUSINESS AND FAMILY ENTERPRISE OMBUDSMAN, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, AUSTRALIA. FAIR WORK COMMISSION, FEDERAL COURT OF AUSTRALIA

CFMEU warns big miners over casuals

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 8 : 26-Sep-18

The Construction, Forestry, Maritime, Mining & Energy Union says the landmark Federal Court ruling on the leave entitlements of casual workers may have implications for coal producers. The CFMMEU has advised companies such as BHP Billiton and Yancoal that they could be complicit in breaches of the Fair Work Act by using "permanent casual" workers supplied by labour hire firms. BHP is already the subject of a class action over allegations that labour hire companies were induced to employ workers at the Mount Arthur coal mine as casuals instead of permanent employees.

CORPORATES
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF APPEAL (CANADA), BHP BILLITON LIMITED – ASX BHP, YANCOAL AUSTRALIA LIMITED – ASX YAL, WHITEHAVEN COAL LIMITED – ASX WHC, GLENCORE AUSTRALIA PTY LTD, ANGLO AMERICAN AUSTRALIA LIMITED, PEABODY ENERGY AUSTRALIA COAL PTY LTD, ADERO LAW, WORKPAC PTY LTD, HAYS PERSONNEL SERVICES (AUSTRALIA) PTY LTD, PROGRAMMED MAINTENANCE SERVICES LIMITED, ONE KEY RESOURCES PTY LTD, ACTU, NSW BUSINESS CHAMBER LIMITED, AUSTRALIA. FAIR WORK COMMISSION

Business seeks new deal on casuals

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Original article by Ewin Hannan
The Australian – Page: 1 & 8 : 25-Sep-18

The NSW Business Chamber has proposed changes to six industry awards in response to a landmark Federal Court ruling on the annual leave rights of casual workers. The Chamber proposes allowing casual workers who are regularly rostered to become "perma-flexi" employees with paid leave entitlements, while their casual loading would be reduced from 25 per cent to just 10 per cent. The Chamber has put its proposal to Fair Work Commission president Iain Ross, while the federal government is believed to be looking at options such as amendments to the Fair Work Act in response to the court ruling.

CORPORATES
NSW BUSINESS CHAMBER LIMITED, AUSTRALIA. FAIR WORK COMMISSION, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS

Employers face $8b back pay bill for casuals

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 13-Sep-18

The Australian Industry Group estimates employers may have to fork out as much as $8 billion in back pay to "regular" casuals following a recent court decision. The decision involved Workpac and a casual mine driver, with the Federal Court finding he was entitled to be paid accrued annual leave because the hours he worked were regular and predictable, even though he received additional pay in lieu of leave entitlements. The AIG estimates around 1.6 million workers could be deemed "regular casuals", with its calculation of how much they might be owed based on granting them paid leave for the past five years. Employer groups were hoping Workpac would challenge the decision in the High Court, but it has elected not to do so.

CORPORATES
THE AUSTRALIAN INDUSTRY GROUP, WORKPAC PTY LTD, FEDERAL COURT OF AUSTRALIA, HIGH COURT OF AUSTRALIA, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, UNIVERSITY OF ADELAIDE