18 Oct 2018 | Archive
The Federal Government’s intervention in a legal challenge to preserve casual employment and protect Australia’s small businesses from billions of dollars of additional, unbudgeted liabilities has been welcomed by Australia’s largest small business voice, the Australian Chamber of Commerce and Industry.
“A decision by the Federal Court in August (WorkPac v Skene) placed the employment of at least a million casual employees into doubt and exposed small employers to the risk of massive back pay claims and to being required to pay twice for leave,” Australian Chamber CEO, James Pearson, said today.
“As things stand today, small business is unacceptably exposed to claims for double-dipping, paying for leave once through a casual loading, and then again through possible claims after people leave their jobs.
“We support the Federal Government’s intervention in the case to protect the interests of vulnerable small businesses and the millions of Australians who rely on casual employment.
“The regulatory and legal implications of the August Federal Court decision are alarming.
“The decision does not just apply in coal mining or for labour hire, but to potentially over a million casual jobs.
“Casual employment as we know it has been thrown into uncertainty – leaving small business owners and casuals confused and lacking clarity.
“They are already facing a complex web of regulation, including workplace relations legislation fatter than a phone book.
“The WorkPac v Skene decision has muddied the water even further.
“This is contrary to the Australian concept of a ‘fair go’ – and the Government is taking the right course to restore a more reasonable and balanced approach to casual work.
“No Australian expects to get paid twice for the same thing, and no business should be required to pay twice for the same entitlement.”
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