Multi-Hire Clause Allowed

Yet another decision of Fair Work Commission has secured, for a resort and country club in Perth’s Swan Valley, a multi-hire clause in its agreement allowing employees to have two jobs. Recently there has been several Commission decisions (see below) approving this useful tool to allow employees to have a second job with their own employer without offending the 38 hour standard or overtime rules.

The clause allows an employee do two things at once – acquire new skills and earn more money without having to have two different employers. The clause permits an employee to take up a casual position in the same establishment where they already work, provided the casual job is different to their regular job. This means the employee learns about a different part of the business which is helpful to both the employee and their employer. Secondly, it means the employee does not have tax issues (if they worked for a second employer) and they can coordinate their second job much easier given they are in the same workplace.

Many employees would like to earn more money but, firstly, there may not be any overtime available in their job and secondly,  the cost of overtime imeans companies will only utilise ita s a last resort. But having a second job is not against the law. So these clauses make clear that the employee has two jobs – but with the same employer. There is no bar to this, provided the second job is just that – a second job.

So far the tourism and hospitality sector seems to be the main area where these clauses have found favour, but there is no reason the principle wouldn’t apply just about anywhere. These types of clauses will not work in industries where the payment of overtime is common (eg distribution centres).

Vines Resort & Country Club http://www.fwc.gov.au/documents/agreements/fwa/AE400571.pdf

Jupiter’s Townsville  http://www.fwc.gov.au/documents/agreements/fwa/AE400489.pdf

Palazzo Versace  http://www.fwc.gov.au/documents/agreements/fwa/AE896238.pdf

Surfers Paradise Marriott  http://www.fwc.gov.au/documents/agreements/fwa/AE894140.pdf