Changes to Fair Work regulation could affect your casual staff if classified and may result in back pay.
The National Employment Standards (NES) has released a new regulation on 18 December 2018. A casual employee working a regular roster set a year in advance is now classed as permanent. A decision made by the Federal Court of Australia’s decision.
The new regulation will apply when:
· an employee works on a casual basis
· the employee will pay a casual loading that is identifiable as being an amount paid to compensate the person. Entitlements that casual employees are not entitled under the NES, such as personal or annual leave
· despite classifying the employer as a casual, the employee was in fact a full-time or part-time employee for some or all their employment for the purposes of the NES
· the employee has made a claim to pay for one or more of the NES entitlements (that casual employees do not have) that they didn’t receive for all or some of the time that they were incorrectly classified as a casual.
If an employee meets this criteria, they will be able to claim to have the casual loading payments.
The new regulation applies to employment periods that occurred before, or that occurred on or after, 18 December 2018.
For more information on whether this may affect your HR policy, please contact one of our HR Consultants.