• AMWU case sets precedent for the rights of casuals
  • Shipbuilder Forgacs to count regular periods of casual employment to calculate redundancy payments
  • AMWU appealed Fair Work Commission decision from earlier this year

A Fair Work Commission decision this week will see regular casual hours count towards redundancy entitlements.

The Australian Manufacturing Workers’ Union appealed a Fair Work Commission decision earlier this year that allowed shipbuilding company Forgacs to only count permanent employment when calculating redundancies.

The AMWU successfully argued the Fair Work Act defines continuous service as a period where a continuous employment relationship exists - regardless of the contractual nature of the relationship.

NSW Secretary of the AMWU, Tim Ayres, said this will have a wide-ranging effect beyond the Forgacs casual workers.

The decision has the potential to re-set other rights that seek to exclude casuals on the basis that their service is not continuous.

“This decision will ensure employees aren't short-changed out of their entitlements. Workers deserve to have all the work they've done for their employer recognised if they're unlucky enough to be made redundant, not just some of it,” Tim said.

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1 comment

Serena O'Meley
commented 2016-08-20 18:29:22 +1000
Congratulations to the AMWU for this important precedent. It will make a difference to employees in many industries.