Service Stations Ongoing Use of Casuals and Operational Compliance Issues

There are two significant developments for service station members in the ongoing use of casuals and operational compliance issues. An outline follows:
 
CRUCIAL DECISION AFFECTS EMPLOYMENT OF CASUALS
 
On 16 August a Full Federal Court decision has been made that will have significant implications for the employment of casual employees across Australia.

Regardless of the Award provisions, the decision means that if an employee has a regular and predictable pattern of work with an expectation of ongoing employment, they are likely to be a part time or full time employee as opposed to casual.

They may have entitlements to accrued annual leave and personal leave commencing from the employees commencement date or on and from 1 January 2010 for long term casual employees.
 
At the time of writing it is not clear if there is going to be an appeal to the High Court.  There is also a chance that there will be changes to legislation or the Vehicle Award to resolve this matter. Unfortunately the position is not certain at this point in time and any changes may take some time.
 
•    In the meantime, it is important to get your contracts of employment clear specifying that the relevant rate of pay includes the relevant casual loading.  It is also sensible if you provide hours of work rosters to now call them “Indicative Rosters”.  

•    Also, review the pattern of work and if it is regular and systematic try to make them more variable.

•    For some casuals consider discussing with your employees converting to part time and full time.  There is a danger in alerting your employees about this change as it may lead to claims for annual leave and personal leave.

Please contact MTA NSW Employment Relations to discuss your particular circumstances on P: 02 9016 9000 or E: [email protected]
 
New Minimum Engagement for Casuals Under the Vehicle Award
Effective from 1 October 2018, the Vehicle Award will provide for a 2 hour minimum engagement for casual employees so make sure you meet this minimum entitlement.
 
NEW MTA COMPLIANCE AUDIT SERVICE
 
We understand that some Service Station Members are being required to undertake compliance audits by their franchisor, eg BP.
 
Whether or not this is a requirement on your business, It may also be a good idea to have a compliance audit undertaken to ensure you are meeting your employment and legislative requirements, and to minimise the chance of an underpayment claim or an issue arising from a SafeWork or Fair Trading inspection.
 
MTA NSW  can provide this service for your business at a price of $388 (incl. GST) per site per year.
 
This will be achieved by the Member completing a checklist and supplying information for the audit to be conducted by MTA NSW Employment Relations and Divisional Management staff.  It will cover, Employment, Safety, Environment, Tobacco, Food Safety and operational compliance issues.
 
Any service station member may request an audit by email to MTA NSW Employment Relations at E: [email protected]
 
Any questions or concerns please contact Colin Long, Senior Division Manager - Service Stations P: 02 9016 9000 E: [email protected]