Parliament passes pared-back Omnibus Bill

Today, the Government passed a revised edition of the Industrial Relations Omnibus Bill.
 
In essence, the pared back Bill aims to regulate the definition of an employee employed on a ‘casual’ basis.
 
The Bill provides a person will be a ‘casual’ employee if: 

1. an offer of employment made by the employer to the person is made on the basis that the employer makes no firm advance commitment to continuing and indefinite work according to an agreed pattern of work for the person; and
2. the person accepts the offer on that basis; and
3. the person is an employee as a result of that acceptance.

Factors to be considered in assessing this new definition include:

1. whether the employer can elect to offer work;
2. whether the employee can either accept or reject such an offer of work;
3. whether the person will work only as required;
4. whether the employment is described as ‘casual’ employment;
5. whether the person will be paid a casual loading or a specific rate of pay under an Award or other fair work industrial instrument.

A more detailed analysis of these new laws relating to casual employment will be provided over the coming days.

If you require any further information regarding these changes, please do not hesitate to contact a member of our Workplace Team.