Other laws came into effect on 26 August which deliver rights to workers. These have OHS implications. The main areas are:
- Job security for casual workers
- Clear definitions of employment
- Minimum standards for gig workers
Briefly:
Job security for casual workers
The current definition of ‘casual employee’ in the Fair Work Act has been replaced with a new one: an employee is a casual only if there is not a firm advance commitment to continuing and indefinite work and the employee is entitled to a specific pay rate for casuals.
Also, there is a new pathway for eligible employees to change to permanent employment if they wish.
These reforms aim to increase the number of permanent secure jobs on offer.
Clear definitions of employment
When determining whether a worker is an employee or an independent contractor, the real substance, practical reality and true nature of the relationship between the parties must be considered, including the terms of the contract and how the contract is performed in practice.
Minimum standards for gig workers
New minimum standards on pay and conditions will apply to certain ‘employee-like workers’: contractors either engaged on a digital labour platform or in the road transport industry. These workers are called ‘regulated workers’.
The new laws will also give regulated workers the right to make collective agreements, and delegates will be able to represent regulated workers just as they do other kinds of workers.
These changes literally ‘close the loophole’ that employers have been exploiting to avoid classifying workers as employees. For the first time, these vulnerable workers will be entitled to the pay, rights and protections that most workers enjoy.
Read more: Australian unions media releases New work rights from today and New union-won rights at work summary and Article by Melissa Donnelly, National Secretary, CPSU
