Date: Thursday 7th June
Time: 8.30am - 10.00am
NSW Business Chamber Level 16
140 Arthur Street,
Members of the Sydney Olympic Park Business Association receive complimentary admission.
Please email Michelle.Caruso@nswbc.com.au to book your complimentary place.
Are your casuals really casual?
Casual workers with the rights of permanent employees – the threat to your business has never been higher.
Occupying 20% of our workforce, casual workers typically occupy a blind spot for employers and managers who adopt a set-and-forget mentality. Simpler pay arrangements, greater flexibility in hiring and terminating services, right?
Your casual worker can present a ticking bomb for compliance, whether assumptions were made from day one; or you were too busy to recognise their transition from a true casual to a long-term casual. Somewhere along the way, their hours became ‘regular and systematic’, or were regular from the get-go.
You now have permanent employee in all but name. Any action from that point is laden with risk. Consider Eric, a casual worker who worked on a regular roster for the past 12 months, but now you decide to end the contract – no strings attached...
Eric takes exception to your decision - because he can demonstrate ‘regular and systematic’ service for 12 months (6 months for larger business), your ex-worker qualifies for Unfair Dismissal. The fine is $63,000.
‘I should have been permanent from the beginning!’ says Eric. An underpayment claim for annual and sick leave results in a back payment. The sum can accrue year-on-year.
For that matter, did you pay them overtime or put them on the right pay grade in the modern award from the get go? Casual loading rates are not foolproof.
Domino effect of breaches
Modern awards also stipulate when and how to offer conversion to permanent employment. Neglecting to either include the conversion clause at commencement of service, or make a formal offer at the appropriate time can lead to a $63,000 penalty per breach.
Union tactics – a match to light the fire
Employers must contend with flawed workplace legislation, an increasingly litigious workforce, and a hard-nosed regulator (Fair Work Ombudsman) with increased powers to prosecute and punish. The risk to business is escalating.
‘Wage theft is a new business model for too many employers’ says Sally McManus, Secretary of the Australian Council of Trade Unions.
A revitalised union movement is actively campaigning to stir casual workers and independent contractors into action.
How this event will strengthen your compliance and business
In this event, you will learn practical tips for mitigating the risk and cost to your business. Topics include:
Assessing risk to your business
Building compliance through contracts and record keeping
Conversion-to-permanent employment provisions in modern awards
General update on workplace legislation
About the speaker - Australian Business Lawyers & Advisors (ABLA):
Trusted by Australia’s peak employer body, the Australian Chamber, as their representative to fight for employer interests in the Fair Work Commission, ABLA is recognised as one of Australia’s leading Employment Law Specialist Firms (Australasian Law Awards 2015) and the Workplace and Employment Law Firm of the year 2016 (Lawyers Weekly).