The Fair Work Legislation Amendment (Closing Loopholes No.2) Act 2024 brings important updates to the Fair Work Act 2009, especially regarding casual employment. These changes aim to make things clearer and fairer for both workers and employers.
Key Changes
- New Definition for Casual Employees: The Act updates the definition of a casual employee. The new definition includes a 'general rule' and 'indicia', while keeping the idea that casual employees don?t have a firm advance commitment to ongoing work.
- Pathway for Casual Conversion: The old casual conversion rules have been replaced. Now, casual employees can write to their employer if they believe they no longer meet the casual employee criteria after six months (for larger businesses) or 12 months (for small businesses).
- Dispute Resolution Process: A new method for resolving disputes about changes to casual employment has been introduced. This includes compulsory arbitration through the Fair Work Commission.
These changes will take effect on 26 August 2024.
Transitional Provisions and Award Variations
The new Act includes clause 101, which gives the Fair Work Commission the power to update modern awards to clear up any confusion related to the new casual employment rules.
The Commission has started updating some awards to address these potential issues. Here are a few examples of awards that are being reviewed:
- General Retail Industry Award 2020
- Hospitality Industry (General) Award 2020
- Manufacturing and Associated Industries and Occupations Award 2020
A full list of proposed changes is available, and the Commission is inviting feedback on these updates. If you have any comments or concerns, please share them by 29 July 2024.
ABC?s Jurisdictional Objections
- The ABC argued that they did not terminate the employee.
- They also said that the claims about race and national origin should fall under a different section of the Fair Work Act 2009 (section 365: General Protections Involving Dismissal).
Next Steps
The Fair Work Commission will create a webpage where all related documents will be published. Interested parties are encouraged to subscribe for updates and provide feedback on the provisional views or other casual terms in modern awards.
For more information and to stay updated on the latest developments, contact the team at Ignite HR & Employment Law to determine how these changes may affect you.
How IgniteHR can assist:
IgniteHR offers a comprehensive range of services aimed at assisting businesses in identifying areas for improvement and ensuring alignment with evolving legal requirements. Our team comprises seasoned professionals who specialise in fostering a compliant and proactive workplace. We understand the complexities and challenges that businesses face in today?s dynamic regulatory landscape, and we are committed to helping our clients navigate through these challenges effectively.
Talk to us to understand your obligations