Casuals get a fairer go

Ruling opens door to permanent work Cafe owner fears more costs

CASUAL workers now have the right to request from bosses a permanent position which would open the door to a 15 per cent bump in Sunday penalty rates, sick leave and paid annual leave.

Changes to awards adopted this week require workers to apply in writing.

However, an employer may refuse to grant the request if they prove “reasonable grounds” to do so.

The Fair Work Commission ruling applies to employees who have worked an average 38-hour week for more than 12 months.

Currently, casual employees can have their shifts cut at the last minute. Change to a permanent position guarantees a certain number of working hours and pay.

The decision by the Fair Work Commission is part of the four-year review and affects 85 awards across the country.

The LNP Member for Leichhardt Warren Entsch did not make it clear if he supported the commission’s decision but said the “government has sought legal advice in relation to the recent Federal Court judgment”.

“The government is concerned about the potential impact of double dipping on small business and the cost to jobs,” he said.

Those who worked less than 38 hours can ask to be a part-time employee if work a “pattern of hours”.

Employers citing reasonable grounds to deny a request for permanent work may do so after they have discussed this with the staff member and if the position is not likely to exist within the next 12 months or if the hours of work are likely to be reduced. they

They can also refuse if the days or times the employee is expected to work are going to change. The employer must provide reasons in writing for the refusal within 21 days.

The employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

The change comes as casual retail workers also have their penalty rates increased on Saturdays and weeknights, ahead of the busy Christmas period.

The full bench of the Fair Work Commission, headed by Justice Iain Ross, ruled the Saturday penalty rate for retail casuals should be increased from 10 per cent to 25 per cent.

Casuals starting work after 6pm on weekdays will be brought into line with permanent retail employees, who get a 25 per cent loading on those shifts.