Senate debates

Monday, 16 September 2019

Regulations and Determinations

Fair Work Amendment (Casual Loading Offset) Regulations 2018; Disallowance

6:16 pm

Photo of Zed SeseljaZed Seselja (ACT, Liberal Party, Assistant Minister for Finance, Charities and Electoral Matters) | Hansard source

The government won't be supporting this disallowance motion. This motion would remove a protection for small business, in particular, against claims to pay leave entitlements twice to casual employees. The regulation makes clear that an employer who engages a casual employee and pays casual loading can rely on that payment if later found to be liable to pay leave entitlements applicable to non-casual employees. Employers estimate that the liability to make payments twice could be as much as $8 billion. No reason has been advanced as to why this protection, which clarifies the common law, should not continue to provide this protection for small business.

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