The Federal Government has announced it will change its proposed industrial relations laws to provide certainty for both employers and casuals, the Australian Financial Review reported.
The changes are aimed at removing fines for employers who misrepresent permanent employees as casuals and clarifying that casuals can continue to work on a regular basis if they desire.
The current bill proposes regularly working casuals have the option to transition into a permanent role every six months, without backpay.
The AFR reported that employers were concerned the proposed casual misrepresentation laws would mean a risk of fines and backpay if they chose to employ casuals on a regular basis, even if workers decided not to transition to permanent.
As the misrepresentation laws currently stand, courts have to take into account the reality of a casuals’ work in determining if they could be considered permanent.
“We look forward to the government removing disincentives for people to work as casuals should they prefer to do so and disincentives for employers to engage workers as casuals should it suit both parties,” Australian Industry Group chief executive Innes Willox said.
The amendment is understood to specify casuals as still being able to have a regular pattern of work and be considered under the legislation.
But it will also make clear that casuals cannot have a firm advance commitment of continuing, indefinite work.
The bill will also be amended with the aim of setting out clear guidelines that no single factor should determine the status of the worker.
Currently, a Senate inquiry into the Federal Government’s Closing Loopholes Bill is underway, with the Minerals Council of Australia (MCA) representing majors BHP and Rio Tinto.
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