casual offsetting

How to end casual ‘double dipping’

The Australian employment environment was rocked last year following the Federal Court of Australia decision in Workpac v Skene [2018] FCAFC 131. In short, this decision found that employers who incorrectly classify employees as casual instead of full-time or part-time could be responsible for back paying various entitlements under the National Employment Standards (NES). An immediate cry went up that this was effectively allowing ‘double-dipping’ for casuals to receive their casual loading (to cover not receiving the benefits of a permanent employee) …

casual conversion

Casuals going permanent. What do you mean it’s the law?!

Picture this… one of your casual employees has asked to see you tomorrow morning to discuss wanting to go permanent. They really caught your attention when they mentioned something about you ‘have to let them because they heard on the news last night that all casuals can now go permanent if they ask‘. Given the sometimes complex and varied changes in our industrial relations systems in Australia, you can be forgiven for being on the backfoot with this question. However, …

Small Business Fair Dismissal Code

Small businesses have different rules for dismissal which are set out in the Small Business Fair Dismissal Code (the Code). A small business is any business with fewer than 15 employees calculated on a simple headcount of all employees who are employed on a regular and systematic basis. This includes any casuals employed on a regular and systematic basis. The Small Business Fair Dismissal Code provides protection for small business employers against unfair dismissal claims, where an employer follows the …

Casual conversion fair work

Casual right to become permanent

***** Important Note***** As at 1st October 2018, the Fair Work Commission have approved the Model Clause relating to casual conversion rights and obligations for award-covered employees. These changes take affect across the remaining industries not already covered by these provisions. Read our updated article HERE. **************************   For those of us who love staying on top of the latest HR news, it has been hard to miss the major changes that the Fair Work Commission announced following their 4-year …