How will the casual and part-time review work?

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How will the casual and part-time review work?

The Fair Work Commission issued a statement this week to facilitate the approach that will be adopted for dealing with casual and part-time employment issues in a number of modern awards.

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President of the Fair Work Commission Justice Ross issued a statement this week to facilitate the approach that will be adopted for dealing with casual and part-time employment issues in a number of modern awards.

The purpose of the statement was to identify whether issues were to be dealt with as ‘common issues’ in the review and to outline the approach that will be adopted.

Justice Ross rejected employer arguments the ACTU claims should be dealt with on an award-by-award basis. His Honour pointed out that adopting a common approach did not mean a uniform result across awards would be the outcome.

The presiding member of the Casual and Part-time Employment Full Bench (Vice President Hatcher) will list these matters for mention and programming in due course.

Other common issues


In a statement issued on 1 October 2014 the Commission sought the views of interested parties on whether various additional matters should be dealt with as ‘common issues’. These additional proposed common issues had been raised by various parties at the conference on 29 September 2014.

The proposed additional common issues were:

  • the small (micro) business schedule (proposed by Australian Business Industrial and the NSW Business Chamber (ABI))
  • domestic violence leave (proposed by the Australian Council of Trade Unions (ACTU))
  • family friendly work clause (proposed by the ACTU)
  • motor vehicle allowance (proposed by the Association for Payroll Specialists (TAPS))
  • method of calculating monthly pay (proposed by TAPS) and
  • mechanisms for recovering overpayment (proposed by TAPS).

The preliminary/jurisdictional issues will be heard in July 2015.

The ACTU, ACCI and Ai Group were directed to confer in relation to the proposed directions. Draft consent directions, including a description of the preliminary/jurisdictional issues to be decided, are to be submitted by no later than 4pm on 16 February 2015.

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