‘Double-dipping’ regulations take effect

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‘Double-dipping’ regulations take effect

New regulations have come into effect preventing casual employees from ‘double dipping’ and claiming permanent employee entitlements on top of their casual loadings.

New regulations have come into effect preventing casual employees from ‘double dipping’ and claiming permanent employee entitlements on top of their casual loadings.  

The new laws are contained in the Fair Work Amendment (Casual Loading Offset) Regulations 2018 and apply to anyone employed as a casual or paid a loading amount. They spell out in statute the general law rights to offset payments of identified casual loading amounts in circumstances where a person makes a subsequent claim to be paid one or more entitlements under the National Employment Standards (NES).

The new laws also allow an employer to make a claim to have the loading amount taken into account in determining any amount payable by the employer to the person in lieu of one or more relevant NES entitlements.

The Minister for Jobs and Industrial Relations, Kelly O’Dwyer MP, considered the new Fair Work Regulation to be necessary after the Federal Court found a worker had been incorrectly classified as a casual and that he was entitled to payment of accrued leave after the employment had come to an end.

Minister O’Dwyer subsequently intervened in the case of Workpac v Rossato.  

See also:New reg safeguards employers from 'double dipping'
When is a casual not really a casual?
 
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