4 minute read
From The CEO
by Boylen
Closing Loopholes – A step forward to take two back
Closing Loopholes is literally the name of the Bill containing the latest suite of industrial reforms to be proposed by the Federal Government.
Unfortunately the casual employment ‘loophole’ being targeted will almost certainly have a number of unintended consequences for both venues and the vast number of casual employees working within our industry.
The first part of the Bill proposes to introduce a new definition of casual employment and additional pathways to permanent employment. The apparent aim of this is to close the loophole of permanent casual employment and create a new pathway for workers to seek permanency.
Only problem is many of those working in pubs actually want to be a ‘permanent casual’.
The proposed definition of casual employment will see the end of the current quite valid participation of casual workers in our hotels. It ignores the fact that many workers actually seek out a regular pattern of work, but at the same time want to retain the flexibility to reject shifts or accept more. It ignores the fact that many workers enjoy the benefits of being paid casual wage loadings. It ignores the fact that the current legitimate system is currently working – for everyone.
Unfortunately it also ignores the fact that in ensuring under the new criteria that a worker is indeed a casual, existing casual employees will have less employment security and less entitlements than they currently have. It will also take off the table casual conversion –ironically the main pathway to permanent employment for those that want it!
Closing the loophole will see the closure of a lot of things. It will close off the opportunity for workers to choose to work particular days out of either certainty or necessity. Employees that wish to be casual will lose the ability to plan their week as they arguably cannot be placed on a weekly roster. We will have created a one day at a time employment relationship that detrimentally impacts longer term casuals that remain casual by choice - not to mention the difficulties it creates if you are trying to effectively run a pub.
The proposed prohibition on a regular pattern of hours will mean there can be no ‘regular casual employee’ as currently defined in the legislation as employers will be prevented from employing a casual employee on a regular and systematic basis. This will close off the casual employee’s access to entitlements under the National Employment Standards where there is the requirement for the casual employee to have been employed on a regular and systematic basis to be able to access things like unpaid parental leave, flexible working arrangements and a potential ineligibility for casual conversion to permanency at the 12 month mark.
Improved pathways to permanent employment is a good thing. In fact any pathway to any employment is a step in the right direction. It’s just that such a significant change to the definition of casual is not only not necessary to close this loophole it has detrimental unintended consequences for both employees and employer. It will have far reaching consequences for casual employees even where they didn’t want a permanent job. It removes choice for both the employer and employee in relation to work and what it looks like.
Reform can be a positive thing. But at the same time there needs to be an acknowledgment that we currently have a majority of casual workers in our industry that elect to remain casual but also wish to retain their existing flexibility, certainty, higher rates of pay and conditions of employment. Otherwise it really will be one step forward and two, maybe more, back.
