A recent bid by Labor to disallow the Fair Work Amendment (Casual Loading Offset) Regulations 2018 has been defeated following a vote on 16 September 2019. Under the regulations, employers who have paid identifiable loadings to casual employees, who are later found to be full-time or part-time employees, can apply to have the loading offset against claims for entitlements under the National Employment Standards. The Coalition argues that the regulations provide “greater clarity” and shield employers from employee “double dipping”.

One Nation senators Pauline Hanson and Malcolm Roberts, Centre Alliance’s Rex Patrick as well as Australian Conservatives’ Cory Bernardi joined with the Coalition to defeat the disallowance motion, which was supported by Labor, the Greens and Senator Jacqui Lambie.

In a recent statement thanking crossbench senators for voting against the disallowance motion, IR Minister Christian Porter commented that Labor appeared determined to “cripple employers” after the decision in WorkPac Pty Ltd v Skene.

In the case of Skene the Full Federal Court found that a casual labour hire worker, a truck driver working a 7 on 7 off roster, was entitled to annual leave payments under the National Employment Standards after having been dismissed.

For further advice or information, please contact:

Jim Rutherford
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E: jrutherford@ha.legal

Sonia McCabe
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T 03 5226 8558
E: smccabe@ha.legal

Sophie Ware
Associate
T 03 5226 8577
E: sware@ha.legal