Workplace Relations Minister Tony Burke will make changes to proposed casual employment laws ensuring that companies will not face civil penalties for mistakenly misclassifying an employee.
The Australian Hotels Association announced on Monday it had received a commitment from Mr Burke to amend the Closing Loopholes Bill to also ensure that employers will be able to provide regular systemic regular casual employment to workers “who were happy with it”.
“We can work with this bill,” AHA chief executive Stephen Ferguson told The Australian.
He welcomed a commitment by the government to remove the civil penalty provision relating to misrepresentation of casual employment in the bill. "Any mistakes, disputes or questions will be able to be dealt with by the independent umpire, the Fair Work Commission,” he said.
Mr Ferguson said Mr Burke’s commitment was “good news for both casuals and employers alike". “The simple fact is many hospitality workers do actually prefer casual employment, given the 25 per cent wage loading and the flexibility to refuse shifts,” Mr Ferguson said.
“Our concern with the original Bill was that employers would no longer be able to provide systemic regular casual employment to those workers who were happy with it. The amendments which have been committed to provide much more certainty and fairness for workers and employers and can be chalked up as a win for both.”