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Federal Labour through Senator Don Farrell put forward a motion in the Federal parliament to disallow the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (‘the Casual Loading Offset Regulations’). The motion was defeated in the Senate on 16 September 2019.
Maintaining the Casual Loading Offset Regulations is important to ensure that AHA members are not exposed to the potential of casuals “double dipping” on claims for leave entitlements.
The Casual Loading Offset Regulations took effect from 18 December 2018 and were introduced by the Morrison Government prior to the last Federal election in response to the Full Federal Court decision of Workpac Pty Ltd v Skene[1].
The Regulations seek to stop instances of where a casual employee may try and claim entitlements such as annual and personal/carer’s leave, provided the employer can demonstrate that the employee was paid a “clearly identifiable” loading (e.g. casual loading). A “clearly identifiable” loading under the Regulations could potentially be demonstrated through correspondence, pay slips, contracts and relevant industrial instruments (e.g. an Award).
For further information on the Casual Loading Offset Regulations please speak with Owen at the AHA|SA.
[1] Workpac Pty Ltd v Skene [2018] FCAFC 131
