The TTIA’s Brian Beecroft updates the latest changes in legislation and working conditions for the timber and forestry industries.
Tree contractors should be aware that the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) (‘Closing Loopholes No 2 Act’) received Royal Assent on February 26, 2024.
The Closing Loopholes No 2 Act significantly amends the Fair Work Act 2009 (Cth) (‘FWA’) and includes the following changes with respect to casual employment:
• It repeals the existing definition of ‘casual employee’ in s.15A FWA and introduces a new definition that includes a ‘general rule’ and ‘indicia’ in assessing whether the employment relationship is characterised by an ‘absence of a firm advance commitment to continuing and indefinite work’, and takes into account the totality of the employment relationship;
• It clarifies that an employee engaged as a casual employee will remain a casual employee until the occurrence of a ‘specified event’;
• It replaces casual conversion arrangements with a new pathway for employees to change from casual employment to full-time or part-time employment through ‘employee choice’. Casual employees may provide their employer with written notification if they believe they no longer meet the requirements to be a casual employee, and such notification can be provided after six months (if the employer is not a small business) or 12 months (for smallbusiness employers) of employment;
• It replaces the process currently set out in s.66M (Disputes about the operation of this Division) with a new process for resolving disputes about changes to casual employment; and • It outlines additional obligations for employers in relation to the Casual Employment Information Statement, establishing an anti-avoidance framework in relation to sham contracting of casual employees to deter employers from engaging in tactics to avoid the new provisions.
The above changes take effect from the full first period on or after August 26, 2024.
Variation of modern awards – casual employment terms
The Fair Work Commission (‘FWC’) is currently reviewing the interaction between the changes to the FWA concerning casual employees and modern award terms. The FWC has expressed provisional views in relation to variations to modern award casual terms that variations are necessary to resolve potential uncertainty and difficulty in interactions between existing modern award provisions and the amended FWA.
Although the FWC published a sample of draft determinations reflecting its provisional views, final determinations varying modern awards have not yet been published. Any variations made by the FWC will commence on the date specified in the determination (which may be a day before the determination is made).
A new Casual Information Statement has been issued and is available from TTIA. Further information expanding the changes was discussed during TTIA’s Member IR briefings recently held in various states.
Stay in touch with TTIA
If you are not a TTIA Member and need assistance in developing policy in relation to these issues, or require further information, TTIA is ready to assist. Phone the TTIA office on (02) 9264 0011, email ttia@ttia.asn.au, for information on becoming a member, or log on to ttia.asn.au.