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Ramifications for Australian Businesses who hire Casual staff

Uncategorized Nov 11, 2018

In a decision handed down yesterday, the full power of the Federal Court ruled in favour of a casual truck driver who was employed at a Rio Tinto mine by labour-hire company Workpac.

The employee had been terminated by the company after working there for nearly four years in a casual position. 

The worker took the labour hire to court arguing that he was a regular employee due to working 12.5-hour shifts in a seven days on, seven days off continuous roster arrangement and was therefore owed annual leave to the value of around $21,000 plus interest.

This decision will certainly have an impact on other companies who run the risk of employing casuals on regular and systematic working hours.  

It may be time to re-visit your workforce and ascertain whether or not you are utilising casual employment to fill 'gaps' in staff coverage or short term projects or whether they are performing long term part-time or full-time roles within your...

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Victoria’s new long service leave law and what this means for your business

Uncategorized Nov 11, 2018

As of 1st of November, Victorian employee entitlements have changed.

The Long Service Leave Act 2018 (Vic) came into effect Thursday 1st November and will introduce significant changes to long service leave (LSL) arrangements in Victoria. The new legislation will impact the entitlements of all Victorian employees who were previously covered by the Long Service Leave Act 1992.

What are the changes?

  • Victorian employees can now request to take LSL after seven years of service on a pro rata basis – whereas they were previously only able to access this leave at the ten year mark.
  • Employers and employees are also able to negotiate taking LSL in advance (prior to the seven year point).
  • The changes apply to all full time, part time and any casual employees who accrue LSL.
  • Employers cannot refuse a worker’s LSL request unless they have reasonable business grounds to do so.
  • Continuous service covers employer authorised absences on paid and unpaid leave, including parental...
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