Award Review: Casual Common Issue Decision

The union movement has sought a number of changes to casual employment conditions, which may apply across multiple Awards. As a result, the Fair Work Commission (FWC) has handed down a decision that will affect us all (on Modern Awards).

Whilst these changes are not yet finalised, I would like to take this opportunity to highlight the proposed changes and what they mean for Pinnacle People and our clients who engage staff via an Award (not an EBA), either via any agency or direct.

The proposed changes include:

1)      Overtime and minimum hours

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  Overtime penalty rates should be made payable to a casual employee for all time worked in excess of 12 hours in a day or 38 hours per week (this will be averaged over a roster cycle which does not exceed 4 weeks)
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  The rate of the overtime penalty will be the same as for full-time employees as per their relevant Award and will not compound upon the casual loading
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  The minimum engagement, currently two hours in some awards, may change to four hours

2)      Casual to Permanent Conversion

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  A regular casual employee who has worked for over 12 months on a regular roster (or pattern of hours) may request to convert to permanent full time or part time employment
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  This request must be made in writing by the employee
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  The request can be refused on reasonable grounds, but if not will commence on the next pay cycle
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  Employers must provide casual employees with a copy of the provisions of the sub clause within the first 12 months of the employees first shift

Given that the changes are only draft at the moment, it’s a matter of us sitting tight. The next step is for parties to respond to the Draft Determination and provide submissions regarding an operative date. We have been advised that many employer groups have asked for the date to be pushed back until after the Christmas period, although, it is widely thought that the Commission will reject this and that the changes may be in place by mid to late September.

We are working closely with our representative association and will keep you informed on any determinations.