8th Feb 2024, 4:12 PM – Senate Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 - Committee of the Whole - Casual employees

The majority voted in favour of amendments introduced by Victorian Senator Lidia Thorpe (Greens), which means they failed.

Amendment text

SHEET 2373

(1) Schedule 1, item 19, page 18 (lines 3 to 11), omit the item, substitute:

19 Section 125B

Repeal the section, substitute:

125B Giving employees the Casual Employment Information Statement

(1) An employer must give a casual employee the Casual Employment Information Statement:

(a) before, or as soon as practicable after, the employee starts employment as a casual employee with the employer; and

(b) as soon as practicable after the employee has been employed by the employer for a period of 6 months beginning the day the employment started; and

(c) as soon as practicable after the following:

(i) the employee has been employed by the employer for a period of 12 months beginning the day the employment started;

(ii) the end of any subsequent period of 12 months for which the employee is employed by the employer.

(2) However, paragraph (1)(b) and subparagraph (1)(c)(ii) do not apply if at the time the employer has employed the employee for the period referred to in that paragraph or subparagraph, the employer is a small business employer.

(3) This section does not, apart from the operation of paragraph (1)(b), require the employer to give the employee the Statement more than once in any 12 months.

Note: This is relevant if the employer employs the employee more than once in the 12 months.

(2) Schedule 1, page 18 (after line 11), after item 19, insert:

19A Paragraph 333E(1) (c)

Repeal the paragraph, substitute:

(c) the employee is not a casual employee of the employer for whom the period referred to in paragraph (b) is identified by reference to the completion of the shift of work to which the contract relates; and

(3) Schedule 1, item 308, page 170 (lines 17 to 20), omit subclause 102(4) of Schedule 1.

SHEET 2374

(1) Schedule 1, item 14, page 12 (after line 32), after subsection 66L(2), insert:

(3) To avoid doubt, each of the following is a workplace right within the meaning of Part 3-1:

(a) giving an employer a notification under section 66AAB;

(b) receiving a response from an employer in accordance with section 66AAC;

(c) being taken to be a full-time employee or part-time employee under section 66AAD;

(d) receiving an offer or notice in accordance with sections 66B and 66C;

(e) accepting an offer and receiving a notice under section 66E;

(f) participating in a dispute about the operation of this Division in accordance with sections 66M and 66MA.

Note: The general protections provisions in Part 3-1 prohibit adverse action, coercion, undue influence or pressure, and misrepresentations because of a workplace right of an employee.

(2) Schedule 1, page 18 (after line 11), after item 19, insert:

19A After paragraph 341(2)(i)

Insert:

(ia) giving a notification, or receiving an offer or notice, under Division 4A of Part 2-2 (which deals with casual employment);