Parliament Must Reject Legislation around Double Dipping on Casual Holiday Pay Claims

Friday 15 February, 2019 | By: Dan Petrie

The Chamber of Commerce and Industry Queensland (CCIQ) has urged the federal government to move to reject the disallowance motion being promoted by the Labor opposition that would threaten the protections small and family businesses currently have around “double ­dipping” holiday pay claims from casual workers.

The Double-Dipping pay claim issue emerged following a federal court ruling around the definition of what constituted a casual worker.

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 to annual leave and associated entitlements.

The federal government has since moved to close the double-dipping loophole by passing legislation to ensure employers were not required to pay entitlement on top of casual loadings.

Following media reporting that the federal Labor opposition is seeking to repeal this legislation, it is incumbent on the parliament to reject these moves as it places thousands of small businesses in a position where it could be subject to claims of collectively $8 billion according to reporting by The Australian newspaper.

CCIQ reaffirms its position that businesses require certainty; and such claims ignore the additional loadings casual workers enjoy in lieu of being employed full-time. 

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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
Email: dpetrie@cciq.com.au

Click here to see the Australian Chamber of Commerce (ACCI)'s response

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