The Fair Work Amendment (Supporting Australia's Jobs and
Economic Recovery) Act 2021 offers employers greater certainty and
protection from the threat of double-dipping practices in relation
to casual employees.
WHAT IS DOUBLE-DIPPING?
Until recently, if a person:
- was employed as a casual employee; and
- was paid casual loading in lieu of certain entitlements such as
paid annual or personal leave; BUT
- that person was, in fact, a permanent (or "other
than a casual") employee-
then that employee may have been able to claim payment for
benefits which he or she was entitled to accrue, despite having
already been paid casual loading.
Previously, employers have sought (often unsuccessfully
depending on the nature of their documentation) to set-off amounts
paid to employees over and above the base requirements of an award
or enterprise agreement, to satisfy any entitlement of the employee
to accrue benefits such as paid annual and/or personal leave.
