We go to the polls on the weekend. Much has been said about
Labor's agenda for industrial relations and the union
movement's push to "change the rules". We examine
five proposed changes by Labor which we consider will have the most
impact on employers in the field of employment relations, should
Labor form government.
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A legislated definition of casual employment
Proposed change: It will no longer be
left to employers and employees to agree to casual employment.
Rather, there will be a legislated test to determine whether an
employee is entitled on the one hand to a casual loading, or on the
other hand to accrue annual leave.
Our view: It is possible the test
could be set prospectively and retrospectively: that is,
prospectively where there is an expectation of ongoing work because
the employer has committed to particular hours or days (if so, the
employment is not casual), and retrospectively if the work has been
regular and systematic in the past (if
