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:
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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
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: firstname.lastname@example.org
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
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
Any service station member may request an audit by email to MTA NSW Employment Relations at E: email@example.com
Any questions or concerns please contact Colin Long, Senior Division Manager - Service Stations P: 02 9016 9000 E: firstname.lastname@example.org