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Not sure about your rights at work? - Ask Neale


question

I've heard of changes in rights for casuals. What are they?

IF, Newtown


answer

The AMWU has successfully run a case in the Australian Industrial Relations Commission (AIRC) to improve the position of casual workers. This is because so many employees (around 25% of the workforce) are being employed on a casual basis by employers who find it cheaper and easier to sack people. The AMWU sought increases in casual loadings and a guarantee of permanancy after 6 months.

The meaning of regular casual employment was defined as "regular and systematic basis for a sequence of periods of employment during a period" of six months. So for casuals to become permanent (if they chose) they don't need to have been employed on consecutive days for 6 months but on a systematic basis for 6 months.

Casuals can chose to remain as casuals but if they elect to have permanancy it is automatic that they become permanent employees.

The AMWU has a summary of the decision on its site.

These are not rights for all casual workers as yet but other unions will be pursuing this issue after the successful outcome of this case.



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Disclaimer

Ask Neale is a free advice service provided by the New South Wales Labor Council. Whilst all care and due diligence has been taken in preparing this advice, the NSW Labor Council cannot accept any responsibility for any actions or outcomes users may make from viewing this advice.



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