The Times Australia
The Times World News

.

Employers will resist, but the changes for casual workers are about accepting reality

  • Written by John Buchanan, Professor, Discipline of Business Information Systems, University of Sydney Business School, University of Sydney
Employers will resist, but the changes for casual workers are about accepting reality

The Albanese government’s plan to improve the pathway to permanency for casual workers has employers worried, fearful their ability to employ casual workers will be restricted.

Even before the details had been released, there was certainty, in the words[1] of Australian Industry Group chief executive Innes Willox, that there “is simply no justification for further changes to the regulation of casual work”.

In support of this argument are statistics suggesting the casualisation trend has peaked. But that’s by no means certain: the most recent data from the Australian Bureau of Statistics shows casualisation climbing again, with an overall rate of 23.5%.

The counterargument is that entrenched casualisation doesn’t make the status quo right, and that the government’s proposed reforms will give greater recognition to reality. That is, if a worker is effectively working as a permanent employee, they have the right to be treated as such. Read more: Albanese government to make it easier for casuals to become permanent employees[2] Rise of the ‘permanent casual’ While casual employment can often suit both employer and employee, the evidence does suggest some employers have exploited the legal ambiguities around definitions and obligations. Australia’s National Employment Standards – the minimum safety net for all workers – say a casual employee who has worked for their employer for 12 months must be offered the option[3] to convert to full-time or part-time (permanent) employment. But there are significant exemptions, particularly for small business. Close to 60% of Australia’s casual workers have been with their employer for more than a year[4], and 45% to 60% report regular hours and pay[5]. This has resulted in the great Australian oxymoron of “the permanent casual”. There is effectively a class of workers who don’t get holiday and sick pay, no matter how long or regularly they work, simply because their employer deemed them “casual” when they began. Read more: The truth about much 'casual' work: it's really about permanent insecurity[6] The legal landscape Since the 1990s, workers and their union representatives have challenged these contrivances in industrial tribunals. Several of these decisions have been tested on appeal in the Federal Court. In two cases in 2018 and 2020[7], the Federal Court agreed a worker’s employment status should based on the reality of their long-term employment relationship. That is, if there was continuity, based on extended, regular patterns of employment, a worker was a permanent employee. Similar principles applied to those deemed contractors. However, appeals to the High Court in 2021[8] and in 2022[9] overturned these rulings. For the High Court, a formal stipulation of relations written in a contract were all that counted. The reality of life on the job was irrelevant. Read more: What defines casual work? Federal Court ruling highlights a fundamental flaw in Australian labour law[10] Common law versus parliament The High Court’s decisions – that formal freedom of contract has to be respected irrespective of the realities of bargaining power – reflect a long struggle between the common law and parliament in matters concerning working life. In the 1700s and 1800s, workers were jailed for meeting to discuss wage campaigns. To this day, commercial common law considers the principle of “freedom of contract” as the foundation for all commercial relations – including those involving employment. Union activity is an illegal restraint of trade. These principles have never been changed in the courts. It is only by statute (legislation passed by parliament) that trade unions and collective action by workers has been allowed. The federal Employment and Workplace Relations Minister, Tony Burke, says[11] the government “will legislate a fair, objective definition to determine when an employee can be classified as casual”, and no one will lose their casual status if that is their preference. There will, no doubt, be opposition, with warnings about threats to productivity and suggestions economic conditions are too fragile. But there’s a lot to be said in favour of giving greater recognition to reality.

References

  1. ^ the words (www.theaustralian.com.au)
  2. ^ Albanese government to make it easier for casuals to become permanent employees (theconversation.com)
  3. ^ must be offered the option (www.fairwork.gov.au)
  4. ^ for more than a year (www.aph.gov.au)
  5. ^ regular hours and pay (www.aph.gov.au)
  6. ^ The truth about much 'casual' work: it's really about permanent insecurity (theconversation.com)
  7. ^ 2018 and 2020 (www.lexisnexis.com.au)
  8. ^ in 2021 (www.corrs.com.au)
  9. ^ in 2022 (www.minterellison.com)
  10. ^ What defines casual work? Federal Court ruling highlights a fundamental flaw in Australian labour law (theconversation.com)
  11. ^ says (ministers.dewr.gov.au)

Read more https://theconversation.com/employers-will-resist-but-the-changes-for-casual-workers-are-about-accepting-reality-210272

Times Magazine

Building a Strong Online Presence with Katoomba Web Design

Katoomba web design is more than just creating a website that looks good—it’s about building an online presence that reflects your brand, engages your audience, and drives results. For local businesses in the Blue Mountains, a well-designed website a...

September Sunset Polo

International Polo Tour To Bridge Historic Sport, Life-Changing Philanthropy, and Breath-Taking Beauty On Saturday, September 6th, history will be made as the International Polo Tour (IPT), a sports leader headquartered here in South Florida...

5 Ways Microsoft Fabric Simplifies Your Data Analytics Workflow

In today's data-driven world, businesses are constantly seeking ways to streamline their data analytics processes. The sheer volume and complexity of data can be overwhelming, often leading to bottlenecks and inefficiencies. Enter the innovative da...

7 Questions to Ask Before You Sign IT Support Companies in Sydney

Choosing an IT partner can feel like buying an insurance policy you hope you never need. The right choice keeps your team productive, your data safe, and your budget predictable. The wrong choice shows up as slow tickets, surprise bills, and risky sh...

Choosing the Right Legal Aid Lawyer in Sutherland Shire: Key Considerations

Legal aid services play an essential role in ensuring access to justice for all. For people in the Sutherland Shire who may not have the financial means to pay for private legal assistance, legal aid ensures that everyone has access to representa...

Watercolor vs. Oil vs. Digital: Which Medium Fits Your Pet's Personality?

When it comes to immortalizing your pet’s unique personality in art, choosing the right medium is essential. Each artistic medium, whether watercolor, oil, or digital, has distinct qualities that can bring out the spirit of your furry friend in dif...

The Times Features

NSW has a new fashion sector strategy – but a sustainable industry needs a federally legislated response

The New South Wales government recently announced the launch of the NSW Fashion Sector Strategy, 2025–28[1]. The strategy, developed in partnership with the Australian Fashion ...

From Garden to Gift: Why Roses Make the Perfect Present

Think back to the last time you gave or received flowers. Chances are, roses were part of the bunch, or maybe they were the whole bunch.   Roses tend to leave an impression. Even ...

Do I have insomnia? 5 reasons why you might not

Even a single night of sleep trouble can feel distressing and lonely. You toss and turn, stare at the ceiling, and wonder how you’ll cope tomorrow. No wonder many people star...

Wedding Photography Trends You Need to Know (Before You Regret Your Album)

Your wedding album should be a timeless keepsake, not something you cringe at years later. Trends may come and go, but choosing the right wedding photography approach ensures your ...

Can you say no to your doctor using an AI scribe?

Doctors’ offices were once private. But increasingly, artificial intelligence (AI) scribes (also known as digital scribes) are listening in. These tools can record and trans...

There’s a new vaccine for pneumococcal disease in Australia. Here’s what to know

The Australian government announced last week there’s a new vaccine[1] for pneumococcal disease on the National Immunisation Program for all children. This vaccine replaces pr...