18th Mar 2021, 2:21 PM – Senate Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021 - in Committee - Application of set off

The same number of senators voted for and against the amendment introduced by SA Senator Stirling Griff (Centre Alliance), which means it failed.

Amendment text

(7) Schedule 7, item 1, page 95 (after line 19), after subclause 46(7), insert:

(7A) However, despite subclause (7), section 545A of the amended Act does not apply in relation to entitlements that accrue, or loading amounts paid, before commencement if an application has been made before 18 March 2021 to a court for the court to determine a claim in respect of the entitlements or amounts.

What is section 545A?

According to the bills digest, section 545A was introduced in order to address concerns around ‘double dipping.’ It applies when:

• an employee is engaged as a casual employee and is paid an identifiable loading amount to compensate for not receiving relevant entitlements during their employment period and
• is subsequently found not to be a casual employee during the employment period and makes a claim for their entitlements.

In these circumstances a court, when making orders in relation to the claim, must reduce any amount payable by the employer to the person for the relevant entitlements by the loading amount, however the amount payable must not be below zero.