Proposed changes to casual employment provisions
There are some proposed amendments to the Fair Work Act 2009 (Cth) (FW Act) within the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (the Bill) around casual employment and implications for employers. Some key changes include:
Redefining the term of a ‘casual employee to be where the relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work; and the employee is entitled to a casual loading or rate of pay for casual employees under a fair work instrument or contract of employment.
Firm advance commitment to continuing and indefinite work – specific factors to consider when deciding the commitment and also, even if an employment contract has no commitment, was there inferred commitment to continuing and indefinite work from the conduct of the employer and employee after they enter into the contract.
If an employment contract has an end date not identified by reference to a specified period/task, an employee will not be considered a casual employee.
Changes to the casual conversion process – when an employee can initiate the process and also how an employer must respond.
Civil penalty provisions for misrepresentation of casual employment.
We will bring you further details as they come to light.