Implications of the Fair Work Commission's modern award review for casuals

Susan Douglas; Gregory Watt

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Implications of the Fair Work Commission's modern award review for casuals

Journal article

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Implications of the Fair Work Commission's modern award review for casuals

Susan Douglas and Gregory Watt

Journal of New Business Ideas and Trends, Vol.16(2), pp.30-40

2018

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Abstract

Business and Management

casual employment

long-term casuals

modern award review

reasonable expectation of regular and systematic employment

Purpose - The purpose of this paper is to investigate the legal position of casual employees under the Fair Work Act 2009 (Cth) in the light of the recent modern award review conducted by the Fair Work Commission. Design/methodology/approach - The approach used in this paper is a legal method of investigation in which review and analysis is undertaken of the relevant legislation, the Fair Work Commission decision affecting casual employees and relevant case law interpretation. Findings/results - Findings reveal that casuals are not entitled to the same employment conditions as permanent part time of full time employees under the Fair Work Act 2009 (Cth). Furthermore, they do not have access to the same protections against unfair dismissal, as do permanent employees. Their entitlements to protection are subject to proof of 'long term' employment and 'a reasonable expectation of continuing employment on a regular and systematic basis'. A practical calculus for determining 'regular and systematic employment' and an expectation of the same is advanced based upon a review of relevant cases.

Details

Title: Implications of the Fair Work Commission's modern award review for casuals
Authors: Susan Douglas (Author) - University of the Sunshine Coast - Faculty of Arts, Business and Law
Gregory Watt (Author) - University of the Sunshine Coast - Faculty of Arts, Business and Law
Publication details: Journal of New Business Ideas and Trends, Vol.16(2), pp.30-40
Publisher: Australian Business Education Research Association
Date published: 2018
ISSN: 1446-8719
Organisation Unit: School of Business and Creative Industries; University of the Sunshine Coast, Queensland; School of Law and Society; School of Law and Criminology - Legacy
Language: English
Record Identifier: 99450867002621
Output Type: Journal article

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