Federal election 2019: NSW Business Chamber slams Labor's plan to restore "double dipping"

Andrew Woodward says it would also put a stop to employers exploiting the existing system.

The NSW Business Chamber says it fears that the move to restore ‘double dipping’ for casuals could be a sign of things to come if a Labor government is elected in May.

Double dipping is where casual workers claim annual leave entitlements despite having already been paid a causal loading for the exact same reason.

The business chamber says it could also open the door for back pay claims going back six years, potentially exposing small and family businesses to crippling claims, said Mid North Coast NSW Business Chamber regional manager Kellon Beard.

"Mr Shorten was a union leader once, and he would have cut his teeth in a system that was always designed to ensure fairness to all parties in our workplace relations system,” Mr Beard said.

“It is an Australian value that we hold dear, not to rip someone off, as we all saw in the recent Banking Royal Commission, and clearly using a loophole in the Fair Work legislation to allow a worker to get paid twice for the same entitlement is not what Australians stand for.

“If this becomes the law, it could send thousands of small business owners to the wall, and see their employees, both permanent and causal, out of work," he said.

“Small business owners symbolise our proud history of ‘having a go’ and they try to do the right thing, but we can’t keep making it more difficult for them to create jobs for other Australians."

But Mr Woodward says if you are employed for a long length of time you should get holiday pay and other entitlements.

"Currently, if you are a casual worker employed for 10 years you can be fired with five seconds notice," he said.

"You would leave without being paid out.

"There is a case for work place flexibility where it comes to some roles and responsibilities but right now too many people are on insecure work commitments.

"We are seeing where some employers are exploiting this," he said.

Mr Woodward said Labor's view was that if employers invest in long term good employees and pay them their full entitlements, you will have a good long term employee.

The Nationals candidate Pat Conaghan said the Labor plan places greater pressure on small business.

"Anyone who has held a casual job in the past knew, that in lieu of annual leave entitlements, they received a higher hourly rate," he said.

"That was the offset.

"This will just mean less casual jobs for people uni students or workers trying to get ahead with a second income. 

"Having said that, there is no doubt employers who have taken advantage as a way of avoiding full time employment," Mr Conaghan said.

"There are regulations in place to deal with that situation and they should be enforced."

Independent candidate Rob Oakeshott said the business chamber should make a submission to the independent Fair Work Commission.

"If they haven't done so, the NSW Business Chamber should make a submission and I am happy to work with them to get this right," Mr Oakeshott said.

"If their focus is regional small business and ensuring business owners and casual staff continue to have a strong relationship within our local communities, then I share this desire, and will do what I can to help. 

"At the same time, I strongly encourage any local business owner reliant on casual staff to examine the court case Workpac vs Skene, and to seek advice if required."

The federal election is due in May.

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