employees working shifts. This amendment promotes the right to fair wages and in particular recognises the need to fairly compensate employees who work long, irregular, unsocial hours, or hours that could reasonably be expected to impact their work/life balance and enjoyment of life outside of work.190 The AMWU submits that the introduction of the s.134 (1)(da) provisions were an important step not only in compliance with Australia’s human rights obligations but in attempting to reign in rising levels of inequality, and to provide decent work for people, especially award-reliant permanent casual employees, who do not access pay and conditions on an equal footing compared to their permanent counterparts. The evidence is that casuals are not choosing to work as permanent casuals, they are paid less than permanent workers performing the same work, they are paid on the award rate because they are casual and they do not receive pay for leave and public holidays. These outcomes are inconsistent with Article 7 and we say, inconsistent with the objective under s.134(1)(da). There can be no justification for profit to be sought off the backs of young people and/or women and/or casuals by avoiding award entitlements available to other workers working in the same circumstances. The Explanatory Memorandum introducing the new objective stated the amendment was made to ensure “fair” compensation for employees working hours that could reasonably be expected to impact their work/life balance and enjoyment of life outside of work. Fair compensation is not restricted to monetary compensation and can reasonably be understood to include the deeming provision sought. The negative impact of job insecurity on work life balance is identified in the literature, for example, the Lives on Hold Report. The AMWU witness statements, David Kubli (paragraphs 30 – 32), Simon Hynes (paragraph 14 – 18) and Jill Bidington (paragraphs 14 – 15) also attest to the negative impact. Where it is not freely Explanatory Memorandum FAIR WORK AMENDMENT BILL 2013, Statement of Compatibility with Human 190
employees working shifts. This amendment promotes the right to fair wages and in particular recognises the need to fairly compensate employees who work long, irregular, unsocial hours, or hours that could reasonably be expected to impact their work/life balance and enjoyment of life outside of work.190 The AMWU submits that the introduction of the s.134 (1)(da) provisions were an important step not only in compliance with Australia’s human rights obligations but in attempting to reign in rising levels of inequality, and to provide decent work for people, especially award-reliant permanent casual employees, who do not access pay and conditions on an equal footing compared to their permanent counterparts. The evidence is that casuals are not choosing to work as permanent casuals, they are paid less than permanent workers performing the same work, they are paid on the award rate because they are casual and they do not receive pay for leave and public holidays. These outcomes are inconsistent with Article 7 and we say, inconsistent with the objective under s.134(1)(da). There can be no justification for profit to be sought off the backs of young people and/or women and/or casuals by avoiding award entitlements available to other workers working in the same circumstances. The Explanatory Memorandum introducing the new objective stated the amendment was made to ensure “fair” compensation for employees working hours that could reasonably be expected to impact their work/life balance and enjoyment of life outside of work. Fair compensation is not restricted to monetary compensation and can reasonably be understood to include the deeming provision sought. The negative impact of job insecurity on work life balance is identified in the literature, for example, the Lives on Hold Report. The AMWU witness statements, David Kubli (paragraphs 30 – 32), Simon Hynes (paragraph 14 – 18) and Jill Bidington (paragraphs 14 – 15) also attest to the negative impact. Where it is not freely 190 Explanatory Memorandum FAIR WORK AMENDMENT BILL 2013, Statement of Compatibility with Human
Submission-AMWU-Attachment-1.docx