Proposed new laws to affect employers of casual workers

The Federal Government has announced a new Bill with significant changes to industrial law including:

  • changes to casual employment:

    • a definition of casual employment;

    • criteria for when employers must offer permanent employment; and

    • anti-double dipping provisions by which employers can offset loadings paid against future claims for other benefits;

  • a more flexible interpretation of the Better Off Overall Test by the Fair Work Commission

  • criminal charges for reckless underpayment of workers; and

  • enabling provisions where a worker is paid loaded rates.

The Bill is subject to debate and it may be some time yet before we know its final form.  Our employment law team will keep you updated about important developments.