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Government proposes modern award changes following IR Roundtables - Employment and HR
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Government proposes significant changes for casual employees in the Fair Work Act following IR Roundtables - Employment and HR
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On 9 December 2020, the Federal Government introduced the
Fair Work Amendment (Supporting Australia s Jobs and
Economic Recovery) Bill 2020 (
the
Bill) to Parliament which will seek to implement
reform to several major elements of Australia s industrial
relations laws. This article provides a high-level overview of some
of the key points of the Bill.
New arrangements for casual workers
Casual employment defined
The Bill introduces a definition of casual employment into the
Fair Work Act for the first time; that definition will
draw on established common law principles and focus on the nature
of the offer of employment.
Entitlements and offsetting
In situations where causal employees are misclassified, the Bill
Unpacking the Fair Work Act s new casual conversion right
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Australian Council of Trade Unions secretary Sally McManus described the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 as “dangerous and extreme”. She compared it to former-prime minister John Howard’s attacks on unions and workplace rights under the WorkChoices legislation.
“WorkChoices allowed employers to cut wages, and this proposal will do that as well”, McManus said on December 8. “When WorkChoices was introduced [in 2006] employers rushed out to cut wages, the same will happen if this law passes. Some workers are still stuck with WorkChoices pay cuts some 13 years later.”
McManus said the bill, if made law, would hit young workers, casuals and insecure workers the hardest because it effectively further entrenches casualisation.