Tony Perkins - Monday, November 08, 2010
The unions last week began a push to enable casual employees to transfer to permanent employment.
The plan proposed by the unions would require employers to make casual employees permanent after 12 months. There was also some discussion in the plan about governments “favoring’ companies with majority permanent workforces in the awarding of contracts. The unions believe such an approach is necessary to tackle “precarious employment”.
Business groups were not happy (as you would expect) claiming that such moves would drive companies “to the wall”. They called the approach a “misguided view of the jobs sector” and said “it doesn’t relate to the modern-day Australian economy, which is dominated by the services sector”.
We gave had such rules before. In 2004/5, rules where “regular and systematic” casual employees were allowed to request part time employment were introduced. We had a similar “hue and cry” then!
From my experience, very few casual employees wanted to take up the opportunity. Australian workers generally understand the difference between casual and permanent employment and are often loath to let go of the 20-25% loading for casual employment.
Casual employment is designed to allow an employer to handle the peaks and troughs of their business. Casual employment contains no guarantees and no expectations of employment beyond the end of the current shift. In its purest form, it is “call and come to work”. Because there are no guarantees or expectations of future work, a loading is paid to compensate for the lack of annual leave, sick leave etc etc.
But the needs of the business often necessitate rostering casuals for work, sometimes weeks in advance. Overtime, this leads to businesses adopting rostering systems which virtually “guarantee” work to a casual. Basically, the employment becomes “regular and systematic”. When work becomes regular and systematic, the question needs to be asked – are they really casuals?
This is the point behind the unions push. If a person is employed as a casual but doing regular shifts and systematic work then they should receive the entitlements of permanent employees because in practice, that is what they are.
Whether you agree or don’t agree with the unions, there are many advantages to creating a permanent workforce in your business. A guarantee of employment encourages commitment and develops “ownership” in the role. Accountability is easier to assign to someone whose employment is guaranteed and your ability to develop consistent behaviors’ is improved.
Many businesses I deal with argue that putting on permanent staff “takes away the flexibility” from their business. For some businesses this may be true, and for them, I would not recommend such a measure providing the employment they were offering was not “regular and systematic”.
Another argument I often hear is that it is too expensive to have permanent employees. Well, the fact is that in the long run it is probably cheaper! While you need to accrue leave etc, you will not be paying the 20-25% loading and your productivity will most probably improve. The reality is that it often has nothing to do with “cost” but more to do with “ease” – it is easier to pay everything out with a 20-25% loading than have to “accrue”.
The ease of “getting rid” of casual employees is also stated as a reason for keeping people as casuals. However, the reality is that if they are regular and systematic in their employment, the unfair dismissal rules will most probably apply – the end result being that this argument is flawed in its execution!
For any workforce, permanent or casual, I recommend you sit down and work out the number of hours being worked in your business. Is there a constant number of hours worked in each week? This is the first step in working out whether you can (or should) put permanent employees in place. If you can, casual employees can then be used to handle the peaks and troughs – not for the constant hours.
If you must have casuals in your business, then think seriously about how you work with them. Do you roster them in a regular and systematic way? Do you need to do this? Can you do it any other way? In other words – do some workforce planning!
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