To help alleviate staffing shortage issues and/or provide someone with more hours, some members have asked if it is possible for an employee to undertake two separate roles at their club with different rates and duties applying to each. 

This could be possible, but it is vitally important that a club understands the risks and puts measures in place to keep the two roles as separate and distinct as possible. 

There has previously been two key cases involving an employee undertaking two roles with the same employer, one involving someone working at the same site for a council in two different positions (Kroeger v Mornington Peninsula Shire Council [2019] FCCA 2313) and the other an employee at Australia Post doing two roles at separate sites (Lacson v Australian Postal Corporation [2019] FCA 51). In both cases the employee made claims for underpayments relating to overtime arguing the roles and hours should be looked at collectively. 

Ultimately however in both cases the Federal Court held the employee was engaged in two contracts of employment and the two roles were separate from one another and therefore dismissed the claims. 

This was successfully done by taking several steps via payroll and documentation to treat the two roles separately and distinguish them from one another. Below are steps that need to be taken to emphasise that two roles with the same employer are properly distinct from each other: 

• Have separate employment agreements/contracts for each role  

• Have a separate job description for each 

• Have the two roles clearly separated on any rosters 

• Have separate payslips for each role 

• Ensure both are set up in any payroll system as clearly separate 

• Having significant and noticeable breaks between when either role is done  

• Make it clear to the employee when they are doing one of the roles, they are not to undertake duties associated with the other 

If the roles are under notably different classifications in their applicable Award or EBA then this can also help with an argument the two can be looked at as separate roles.   

Also generally speaking the more differences there are between the two roles the better. For example, if one of the roles is more front of house behind the bar and the other more back of house in the kitchen or office this will be helpful rather than a situation where someone’s two roles are more likely to have a lot of crossover and similarities.  

There will always be some element of risk with this type of arrangement and the chance someone will try and argue both roles should have been looked at as one but taking steps listed above will help mitigate the risk as much as possible.