The history of casual provisions in the Metal Engineering and Associated Industries and Occupations Award 1998 (the 98 Metals Award) were comprehensively reviewed by a full bench of the AIRC in 200014 (the “2000 decision”). The full bench observed that:15 [106] We consider that there is considerable force in the considerations raised by the AMWU in support of some limit being put on engagement as a casual. We have rejected in Sections 7 and 8 of this decision the contentions that the Award should be read or should now be converted to minimise free access to casual employment. The notion of permanent casual employment, if not a contradiction in terms, detracts from the integrity of an award safety net in which standards for annual leave, paid public holidays, sick leave and personal leave are fundamentals. ( emphasis added) [107] The main point made in the passage quoted from Mr Buchanan's evidence was to the effect that the category of the permanent casual is founded upon an entrenched diminution of workers' rights. The 2000 decision is significant in these proceedings for many reasons including that 26 modern awards contain the conversion provision, or a form of the conversion provision, established in the 2000 decision. All Awards, excluding the Business Equipment Award 2010, containing provision for casual workers include the 25% casual loading determined as relevant in 2000 and affirmed in the Award Modernisation case16 and 2014-15 Federal Minimum Wage case.17 The 2000 decision provides a “base line” from which to review the operation of current provisions and their effectiveness or otherwise in providing a relevant safety net for casual workers. The 2000 decision is relevant to current Print T4991 14 Ibid @ 106-107 15 16[2008]AIRCFB1000@50 [2015] FWCFB 3500 @ 559 17
The history of casual provisions in the Metal Engineering and Associated Industries and Occupations Award 1998 (the 98 Metals Award) were comprehensively reviewed by a full bench of the AIRC in 200014 (the “2000 decision”). The full bench observed that:15 [106] We consider that there is considerable force in the considerations raised by the AMWU in support of some limit being put on engagement as a casual. We have rejected in Sections 7 and 8 of this decision the contentions that the Award should be read or should now be converted to minimise free access to casual employment. The notion of permanent casual employment, if not a contradiction in terms, detracts from the integrity of an award safety net in which standards for annual leave, paid public holidays, sick leave and personal leave are fundamentals. ( emphasis added) [107] The main point made in the passage quoted from Mr Buchanan's evidence was to the effect that the category of the permanent casual is founded upon an entrenched diminution of workers' rights. The 2000 decision is significant in these proceedings for many reasons including that 26 modern awards contain the conversion provision, or a form of the conversion provision, established in the 2000 decision. All Awards, excluding the Business Equipment Award 2010, containing provision for casual workers include the 25% casual loading determined as relevant in 2000 and affirmed in the Award Modernisation case16 and 2014-15 Federal Minimum Wage case.17 The 2000 decision provides a “base line” from which to review the operation of current provisions and their effectiveness or otherwise in providing a relevant safety net for casual workers. The 2000 decision is relevant to current 14 Print T4991 15 Ibid @ 106-107 16[2008]AIRCFB1000@50 17 [2015] FWCFB 3500 @ 559