CCIQ Welcomes Federal Government Moves to Properly Define Casual Employment

Tuesday 11 December, 2018 | By: Dan Petrie

The Chamber of Commerce and Industry Queensland (CCIQ) has welcomed an announcement by Industrial Relations Minister, Kelly O’Dwyer that amendments to current regulation will seek to properly clarify the definition of what a casual worker is following months of confusion resulting from the Workpac Pty Ltd v Skene case.

In August, the Federal Court’s decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 ruled casual truck driver, Paul Skene should be classified as a full-time worker and entitled annual leave and associated entitlements.

CCIQ general manager of advocacy, Kate Whittle said CCIQ welcomes changes that ensure business certainty and close a double-dipping loophole where workers on casual loadings could potentially apply for years of annual leave.  

“Businesses need certainty in order to hire and to indeed grow.

“The announcement by the minister is a pragmatic and sensible move that recognises that casual workers receive a loading rate (generally 25% higher pay) in lieu of entitlements such as annual and personal leave,” Ms Whittle said. 

CCIQ notes that small businesses are among the biggest employers of casuals across the nation and oppose moves by government that allow employees to request permanency in employment after 12 months.

“Such moves to enshrine converting casuals into full-time workers after 12 months predominantly run counter to the realities faced by business operators and the choices being exercised by workers,” Ms Whittle said.

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Dan Petrie
Media and Communications – Economy and Government
Chamber of Commerce and Industry Queensland
Ph No: 07 3192 0120 (Landline)
Dan Petrie -Mobile: 0408 919 767 

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