CASUAL LABOR – AUSTRALIA

Class action firm challenges CFMMEU

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 8 : 27-Aug-18

Class action law firm Adero Law is challenging an agreement involving the Construction, Forestry, Maritime, Mining & Energy Union. The CFFMEU had secured a 2017 court decision to have an enterprise agreement provided by One Key Workforce, a mining subsidiary of labour hire firm Fircroft, deemed invalid. It has agreed not to pursue the decision if Fircroft pays its members $3.5 million to cover alleged underpayments and enters into an improved labour agreement with the CFMMEU. Adero Law contends that the deal with Fircroft is not in the interest of clients who are former One Key employees and who were not CFFMEU members. CFFMEU president Tony Maher says its agreement does not stop non-union One Key workers seeking compensation for underpayments.

CORPORATES
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, ADERO LAW, ONE KEY WORKFORCE, FIRCROFT GROUP, AUSTRALIA. FAIR WORK COMMISSION

Casuals’ court triumph will let them ‘double-dip’: bosses

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Original article by Ewin Hannan
The Australian – Page: 2 : 17-Aug-18

Australian Industry Group CEO Innes Willox is among the business leaders who have criticised the Federal Court’s ruling that casual employees who work regular hours are entitled to annual leave. The court found that a Queensland truck driver who worked on a fly-in, fly-out basis could not be considered to be a casual worker under the Fair Work Act due to his "regular and continuous" employment. The court’s decision has been welcomed by the ACTU and the Construction, Forestry, Maritime, Mining & Energy Union.

CORPORATES
FEDERAL COURT OF AUSTRALIA, THE AUSTRALIAN INDUSTRY GROUP, ACTU, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), RECRUITMENT, CONSULTING AND STAFFING ASSOCIATION LIMITED, WORKPAC PTY LTD

Union push for weekend casual pay rises

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Original article by Ewin Hannan
The Australian – Page: 5 : 6-Aug-18

The Shop, Distributive & Allied Employees’ ­Association will push for casual workers’ loadings to be increased from 10 per cent to 50 per cent on Saturdays. The SDA is also seeking a loading of 25 per cent for staff who work after 6pm on weeknights, in addition to the 25 per cent casual loading at present. The Australian Retailers Association’s executive director Russell Zimmerman argues that many casual workers in the retail sector can only work after 6pm, and they may not be given extra shifts if employment costs increase. The full bench of the Fair Work Commission will hear the wage claim on 16 August.

CORPORATES
SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, AUSTRALIAN RETAILERS ASSOCIATION, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN LABOR PARTY, ACTU

Shorten vows he’ll restore Sunday penalties in 100 days

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Original article by Ewin Hannan
The Australian – Page: 6 : 18-Jul-18

Opposition Leader Bill Shorten has told the ACTU Congress that he will reverse weekend penalty rate cuts within his first 100 days in office if Labor wins the next election. He also committed to amending the Fair Work Act to prevent penalty rates from being "arbitrarily" reduced in the future. Labor will also legislate for casual staff to become permanent employees after a certain period of continuous employment.

CORPORATES
AUSTRALIAN LABOR PARTY, ACTU

Ratio of casual workers steady for 20 years

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Original article by Ewin Hannan
The Australian – Page: 8 : 19-Jun-18

The Australian Industry Group’s analysis of official labour market data suggests that contrary to unions’ claims, the proportion of casual workers has remained steady at about 25 per cent of all employees since 1998. This is despite the fact that the number of casual employees rose from 1.7 million in August 1998 to 2.6 million in February 2018. Ai Group’s chief economist Julie Toth notes that there has been 53 per cent growth in the number of casual employees over this period, and 56 per cent growth in permanent employee numbers.

CORPORATES
THE AUSTRALIAN INDUSTRY GROUP, AUSTRALIAN BUREAU OF STATISTICS, ACTU, THE AUSTRALIA INSTITUTE LIMITED

Win for employers over casuals

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Original article by Ewin Hannan
The Australian – Page: 2 : 23-Jan-18

The Australian Manufacturing Workers’ Union has failed to have a Fair Work Commission ruling on casual workers overturned on appeal. The AMWU had contended that two labour-hire employees who had worked for Visy continuously for three months were entitled to become permanent employees under a clause in the packaging group’s enterprise agreement. The full bench of the FWC upheld the ruling that the clause was not a "permitted matter" under the Fair Work Act. ACTU secretary Sally McManus says the ruling highlights the need for changes to workplace laws.

CORPORATES
AUSTRALIAN MANUFACTURING WORKERS’ UNION, VISY INDUSTRIES AUSTRALIA PTY LTD, AUSTRALIA. FAIR WORK COMMISSION, ACTU, THE AUSTRALIAN INDUSTRY GROUP

Union claims not practical

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Original article by Estha Van Der Linden
The Advertiser – Page: 26 : 25-Jul-17

The Fair Work Commission has rejected claims by the union movement for paid leave for family and domestic violence, after some months of consideration. It has also rejected applications for changes to part-time and casual employment; both measures would have served as a deterrent to employment. The FWC is now considering an application to have paid leave for giving blood to be inserted in some awards, despite blood donation being a strictly voluntary act and something that employees can do in their own time.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, BUSINESS SA, AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY

Alarm over ruling on casual staff

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 1 & 4 : 6-Jul-17

The Australian Retailers Association has warned that smaller retailers in particular will be hard hit by a ruling that some casual employees will be entitled to become permanent staff after 12 months’ employment. The Fair Work Commission’s ruling applies to casual employees who are covered by 85 industrial awards, although the FWC rejected the ACTU’s push for casual employees to be given working shifts of at least four hours. The FWC will allow employers to refuse to convert casual staff to permanent employees if they have reasonable grounds to do so.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN RETAILERS ASSOCIATION, ACTU, THE AUSTRALIAN INDUSTRY GROUP

Union claim for casual workers’ upgrade a ‘threat to full-time jobs’

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Original article by Joe Kelly
The Australian – Page: 2 : 18-Aug-16

The Australian Chamber of Commerce & Industry has warned of the economic cost of the ACTU’s push for casual workers to become permanent employees after being in a job for six months. ACCI CEO James Pearson says modelling by Australian National University economists suggests that the proposed reform would cost the economy about $A3.7bn a year and result in the loss of 19,000 full-time equivalent jobs. The Fair Work Commission is likely to rule on the matter later in 2016.

CORPORATES
ACTU, AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY, AUSTRALIAN NATIONAL UNIVERSITY, AUSTRALIA. FAIR WORK COMMISSION

Casual hours to count in redundancy

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Original article by Anna Patty
The Age – Page: 23 : 17-Aug-16

The full bench of the Fair Work Commission has ruled that permanent employees who were initially hired as casual staff should have the latter period of service recognised in a termination payout. The FWC had ruled earlier in 2016 that redundancy payments at engineering and shipbuilding firm Forgacs should be based only on an employee’s period of permanent employment. However, the Australian Manufacturing Workers’ Union has succeeded in having the ruling overturned on appeal.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, FORGACS ENGINEERING PTY LTD, AUSTRALIAN MANUFACTURING WORKERS’ UNION, ASC PTY LTD