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The only reform of the IR coalition has been defeated in a test case, as the teacher loses the right to remain in a permanent position


According to the decision on honest work, the transition to a stable state will also entail putting him on the path of professional progress.


“These changed rights and obligations, as well as the financial implications of different pay structures … lead me to conclude that the proposed change to part-time work will not be without significant adjustments,” said Commissioner Christopher Platt in his decision on Friday. .

The president of the National Union of Higher Education, Dr. Allison Barnes, said the decision showed the legislative changes were a failure.

“Mr. Priest followed the same scheme of work, teaching the same courses for more than ten years. I believe that most Australians will agree that he deserves the security of the current contract, which will give him important conditions, such as annual leave and sick leave, “said Barnes.

An expert on labor law at the University of Sydney, Professor Shay McChrystal, said that casual third-sector employees perform different functions than permanent employees, making it difficult to convert them in accordance with the law. However, according to her, the law gives employers many reasons to refuse offers.

“The way they set it up is the worst of both worlds: it gives casual workers a sense of the right to be transformed, and there are many ways out for employers; as well as imposing a heavy administrative burden on employers, ”McChrystal said.

A coalition spokesman said the reforms give casual workers “greater opportunities to move to permanent jobs, provide confidence to both Australian workers and businesses, and stronger rights for casual workers”, and the government accepted the exclusion on “reasonable grounds” in its amendments. The spokesman said the decision demonstrated the government’s commitment to independent oversight of the provisions on random conversion.

Tony Burke called the law a “tough hoax.”Credit:Alex Ellinghausen

Labor spokesman Tony Burke called the law a “brutal hoax”.

“I was saying at the time that you can drive a truck through their random conversion provisions, and that’s exactly what’s happening now,” Burke said.

As part of the legislative set, a new definition of casual worker was also introduced in the Honest Work Act, as well as a mechanism to prevent employees who are incorrectly labeled as casual from double wage cuts, but major reforms such as criminalizing wage theft have been dropped .

Prime Minister Scott Morrison sparked a political storm earlier in the election campaign when he set out to revive the dumped parts of a comprehensive labor bill, prompting Labor to take advantage of provisions that would change key guarantees for employees, a “common test”.


BOOT ensures that employees under corporate agreements get more than the bonus, and no employee backs down when reviewing pay and working conditions. Initially, the coalition proposed to suspend this test for businesses affected by the pandemic, and weaken some of its aspects.

After opposition leader Anthony Albanez accused Prime Minister Scott Morrison of “fulfilling” the conditions in the workplace, Production Liaison Minister Micalia Cash was forced to rule out changes to the BOOT, but Morrison was less clear in his refusal. that the test will be changed.

Answering a question in Perth earlier this month, Morrison referred only to the rejection of BOOT changes relating to businesses affected by COVID. Major groups of employers want the BOOT to be revised to allow ratification of negotiation agreements that support the majority of the workforce, and to get rid of rights they deem unnecessary for the majority of workers.

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