Casual change detailed
Labor is considering new rights for casual workers, but business worries persist.
The Albanese government has unveiled plans to grant regular casual workers the option to convert to permanent employment every six months.
The proposal, announced by Workplace Relations Minister Tony Burke, aims to provide greater job security for casual employees with stable work patterns.
The new rights, which would potentially impact around 850,000 casual workers, will supplement existing requirements for employers to offer permanent employment after 12 months, unless reasonable business grounds exist to prevent it.
The six-month test, under this new proposal, offers casual workers an opportunity to exchange their 25 per cent loading for permanent benefits like annual leave.
While Mr Burke has assured that back pay claims for annual leave, redundancy, or other entitlements will not be permitted, concerns have been raised by employers and experts over potential misclassification issues.
ACTU secretary Sally McManus welcomed the move as a “sensible change” and a significant step forward. She expressed the desire for even more rights for casual workers but acknowledged the government's cautious approach.
On the business front, employer groups have appreciated the government's commitment to ruling out back pay claims.
However, they remain apprehensive about the potential challenges in defining regular working patterns, especially since many casual employees eventually settle into predictable shifts.
The government’s plan involves repealing the previous casual definition, which primarily relied on contract wording, and adopting a more practical approach to ascertain an employee's true status.
Mr Burke says he believes that the majority of casual workers might not opt for the conversion offer due to the stability they already enjoy.
Addressing concerns about a cost burden on businesses, Mr Burke said the proposal would not entail massive back-pay claims.
The new provision aims to address the situation where an employer declines a conversion request after 12 months, leaving employees without the chance to raise the matter again.
Despite the positive aspects of the proposed changes, some employer groups remain critical of the Labor Party's lack of transparency during negotiations, as non-disclosure agreements have been imposed on them.
In addition to the casual worker rights, Mr Burke's planned changes include provisions to prevent labour-hire loopholes, ensuring workers receive fair pay according to their skills and experience.
However, business groups argue that these changes might stifle productivity and lead to further union activity.
Labor estimates that over 850,000 workers will benefit from the revised definition of casual employment, but employer groups suggest the number could be higher, reaching up to 2.2 million.
The government assures that the changes will not force casuals to lose their loading or make employers liable for retrospective benefits.
The proposed reforms aim to bridge the gap for those casual workers seeking greater job security while not infringing upon the flexibility that suits many casuals' needs.