Updates
All All Industry Insights Industry News Media Release Member Only Articles NRA Events NRA Legal NRA Partners NRA Projects NRA Training and Development Policy & Advocacy Policy Updates Technology Tenancy & Leasing Testimonials Thought Leaders Weekly CEO Update WHS Update

Modern Award Review: casual conversion could lead to “double dipping”

August 26, 2016

Leading up to the closure of the casual conversation case in the 4 yearly Modern Award Review, a submission has been made to the Fair Work Commission (FWC) that if casuals are converted to part-time employees after 12 months, and if their service as a casual is counted towards redundancy payouts, it will result in employees double-dipping.

An employer is required to count periods of regular and systematic service when calculating redundancy payouts. In reference to how this would be calculated for the casual conversion case, Commissioner Cambridge stated “The prospect that a casual employee who became a permanent would have her or his annual leave entitlement calculated from the date of commencement as a casual exposes the folly of the interpretation of the meaning of service in s22, to include any period of casual employment.”

In final submissions recently made to the FWC, it has been stated that if section 22 of the Fair Work Act is enforced on casual conversions, it would result in unfair double dipping of entitlements, as casuals have already been compensated for entitlements associated with permanent employment. The submission stated that this clause is inconsistent with the treatment of casual service.
This is in response to AMWU’s submission in March to deem casual employees as permanent employees after six or twelve months of service, as clauses in the Modern Awards have caused ‘vulnerability’ of casual workers.

The National Retail Association aims to keep our members up to date on the latest legislation and Modern Award review updates. If you have any questions regarding the Modern Award Review, please contact the National Retail Association Hotline and speak to one of our Workplace Advisors on 1800 RETAIL (738 245).


NRA Media

  • National Retail Association strengthens support for members on leasing and tenancy
    June 01, 2021

    We are pleased to have strengthened our partnership with Lpc Cresa, a leading advisor to retail tenants across Australia and New Zealand, to assist our…

    Read More
  • ELECTION NOTICE
    September 03, 2018

    To download the nomination form, click here

    Read More
  • Closing Loopholes Bill No. 2 passes Parliament 
    February 20, 2024

    Earlier this month, it was confirmed that both Houses of Parliament passed the second tranche of amendments to the Fair Work Act 2009 (Cth) under…

    Read More
  • Jump start your business for 2021 and step ahead of the competition
    November 20, 2020

    2020 has undoubtedly been one of the most challenging years for all of us. It has created unprecedented trends in every industry, and shown retailers…

    Read More
  • NRA members winners in new partnership with Aussie Broadband
    November 16, 2020

    You must be logged in to view this content.

    Read More

What our clients say

Want to chat?
Contact our team today!