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Casual reforms shift onus, but agencies still have their work cut out for them

The contracting and casual employment changes in the latest round of IR reforms will increase recruiters' administrative workload in some areas, but reduce it in others, a workplace lawyer says.

Under provisions of the Closing Loopholes legislation, coming into effect in August, two areas raising many questions for the recruitment industry are around the requirement for casual work to be "according to an agreed pattern", and the removal of employers' obligation to offer conversion, Squire Patton Boggs partner Nicola Martin tells Shortlist.

For an employee to be considered casual, the employment relationship should be characterised by an absence of a firm, advanced commitment to continuing indefinite work, and the employee should be paid a casual loading, or a specific rate of pay for casuals.

Martin says the big question for the recruitment industry will be: "How do we determine if there's been a firm advanced commitment to continuing indefinite work?"...