4 Yearly Review of Modern Awards – Casual and Part-time Employment

March 30, 2016

As per our previous newsletter the casual and part-time employment aspects of the 4 yearly review of modern awards will be heard across 19 hearing days between March and August this year. 

The Australian Council of Trade Unions is seeking variations relating to: 

  • Casual conversion – (108 modern awards including the Hospitality Award);
  • Increasing minimum engagements for part-time employees (currently 3 hours)  to four hours (65 modern awards including the Hospitality Award);
  • Increasing minimum engagements for casual employees (currently 2 hours) to four hours (65 modern awards including the Hospitality Award); and
  • Other provisions relating to the engagement of casual employees. 

The AHA and TAA are opposing the ACTU variations and the AHA has filed detailed written submission in opposition supported by six witness statements which can be accessed here

A further claim is being pressed by United Voice which seeks to introduce overtime for casual employees who work in excess of 38 hours per week or 10 hours in a day. We are yet to receive the totality of the evidence and submissions in support of this variation and once we do, we will be in a better position to consider our position in relation to it. We have been given a period of four months to respond to this claim. 

The matters will be heard before a Full Bench of the Fair Work Commission during March, July and August. The March hearings on part-time and casual employment are now complete with the AHA/TAA putting forward 4 witnesses.  The next block of hearing dates are set down for July when a number of witnesses in support of our proposal for part-time employment will give evidence. 

In the period between now and late June, the AHA will be preparing its response to United Voice’s claim for casual employees to be paid at overtime rates where they perform work in excess of 38 hours per week or 10 hours in a day/shift. We will be conducting a survey of members shortly to assist in formulating a position in relation to the claim and we would be appreciative if you could participate in that. The claim by United Voice is scheduled to be heard before the Fair work Commission in August.