To print this article, all you need is to be registered or login on Mondaq.com.
Fair Work Amendment (Supporting Australia s Jobs and Economic Recovery) Bill 2020 – What it means for you
The Morrison Government introduced the
Fair Work Amendment (Supporting Australia s Job and Economic Recovery) Bill 2020 (
Bill) to Federal Parliament on 9 December 2020. Employer groups have welcomed the Bill s changes as the first step to getting industrial relations back on track. Unions have derided the Bill as the worst attack on workers rights since Work Choices. We take a look at the main changes proposed by the Bill.
Casual employees
Fair Work Act
Date Time
Unpacking Fair Work Act’s new casual conversion “right”
Earlier this week, the federal government unveiled the much-anticipated Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 in parliament.
One of the key areas of focus for the federal government was casual employment and the ability for casual workers to convert to permanent employment if certain conditions were met.
The explanatory memorandum to the newly unveiled bill suggests that a statutory obligation to offer conversion to permanent employment will “help employees engaged as casual employees who work regularly to become ongoing employees, if that is their preference”.
It involves a number of “reforms” that clearly increase profits for business and attack conditions and pay for workers, particularly those in casual and insecure work the very workers hit hardest by the COVID-19 lockdowns and those most likely to have been essential workers during that time.
The first bill was carried easily, with the full support of the Australian Labor Party.
The second will face greater challenges as it was not even discussed with the Australian Council of Trade Unions (ACTU) and it ignores the Better Off Overall Test (BOOT).
The Socialist Alliance believes that both pieces of legislation are dangerous and should be opposed.
Seafood Processing Award 2020; and
Vehicle Repair, Services and Retail Award 2020.
This may incentivise employers covered by these modern awards to prefer permanent part-time employees rather than relying on casual employees. The proposed provisions apply to part-time employees who work at least 16 hours but less than 38 hours a week and whose shifts are for at least three hours (which may include an additional hour).
The Government recognises that organisations covered by these modern awards have been hit hard by the COVID crisis and employers are likely to welcome the increased flexibility if it becomes law. There are specific requirements around these agreements with part-time employees. They must be recorded before the hours are worked, identifying the additional hours to be worked and the agreement must be retained. Termination of such agreements can be made on seven day s written notice.
Source: Unsplash/Marcin Jozwiak.
Over the last six months, the federal government has been openly critical of the decisions of the Federal Court of Australia in
WorkPac Pty Ltd v Rossato [2020] FCAFC 84 and
WorkPac Pty Ltd v Skene [2018] FCAFC 131. It has also recently supported a successful application for special leave to appeal the
Rossato decision in the High Court of Australia, which is likely to be heard sometime next year.
In the meantime, Attorney-General Christian Porter has introduced the
Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020, which seeks to effectively overturn the decisions of
Rossato and