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Report reveals seven ways recruiting roles are set to change

February 18, 2020

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Federal Court decision will undermine business confidence by creating a new ‘super employee’ category

August 17, 2018

CEO of Australia’s peak industry body representing recruitment and staffing, Charles Cameron, expressed exasperation at today’s Federal Circuit Court decision of WorkPac Pty Ltd v Skene, saying it would be a ‘kick in the guts’ to business confidence at a time when Australia was enjoying job-creation confidence.

 

“This decision has shone a light on a significant anomaly that exists within the current Fair Work Act where an employee can double dip on leave entitlements and payments,” he said.

 

“The ability of the Act to be interpreted in this fashion creates enormous uncertainty for business in Australia and highlights the huge difficulty that exists for employers in complying with unclear law.” 

 

“Today’s decision has paved the way for casual employees to ‘double dip’ on their entitlements, enabling them to accept a casual loading in lieu of permanent employee benefits but then still legitimately claim a right to the very leave they accepted the loading in place of,” said Mr. Cameron.