Closing Loopholes – A step forward to take two back From the CEO ANNA MOELLER
Closing Loopholes is literally the name of the Bill containing the latest suite of industrial reforms to be proposed by the Federal Government. Unfortunately the casual employment ‘loophole’ being targeted will almost certainly have a number of unintended consequences for both venues and the vast number of casual employees working within our industry. The first part of the Bill proposes to introduce a new definition of casual employment and additional pathways to permanent employment. The apparent aim of this is to close the loophole of permanent casual employment and create a new pathway for workers to seek permanency.
“Closing the loophole will see the closure of a lot of things. It will close off the opportunity for workers to choose to work particular days out of either certainty or necessity.” 8 | Hotel SA | www.ahasa.asn.au
Only problem is many of those working in pubs actually want to be a ‘permanent casual’. The proposed definition of casual employment will see the end of the current quite valid participation of casual workers in our hotels. It ignores the fact that many workers actually seek out a regular pattern of work, but at the same time want to retain the flexibility to reject shifts or accept more. It ignores the fact that many workers enjoy the benefits of being paid casual wage loadings. It ignores the fact that the current legitimate system is currently working – for everyone. Unfortunately it also ignores the fact that in ensuring under the new criteria that a worker is indeed a casual, existing casual employees will have less employment security and less entitlements than they currently have. It will also take off the table casual conversion – ironically the main pathway to permanent employment for those that want it! Closing the loophole will see the closure of a lot of things. It will close off the opportunity for workers to choose to work particular days out of either certainty or necessity. Employees that wish to be casual will lose the ability to plan their week as they arguably cannot be placed on a weekly roster. We will have created a one day at a time employment relationship that detrimentally impacts longer term casuals that remain casual by choice - not to mention the difficulties it creates if you are trying to effectively run a pub.
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