LANDMARK WIN FOR CASUALS

In what will be remembered as a milestone win for unions is a decision by the federal court that regular, ongoing casuals are entitled to paid annual leave, paid personal/carer’s leave and paid compassionate leave.

The court denied employers’ claim that they could “offset” the liabilities through an hourly rate, finding that payments and the entitlements did not have a “close correlation”. Three judges rejected the bid by WorkPac that employee Robert Rossato be declared a casual employee and therefore not entitled to paid leave. It was found that t

ACTU secretary Sally McManus said the decision was a win for all workers suffering because of “systemic casualisation”. “It’s time for employers to accept that finding new ways to make permanent jobs casual has to end,” she said. “We should be working together as a country to reduce the number of insecure jobs — it has got out of control and, unfortunately, too many people are now feeling the harsh reality of having no job protections during the pandemic.”

This verdict in effect includes approximately 1.6-2.2 million regular casual workers across the economy. Employers stress that this decision will expose businesses into backpay of up to $8 billion.

Industrial Relations Minister Christian Porter told AAP the decision would have immediate implications for businesses at a time when coronavirus has taken its toll. He said the government would consider joining an appeal. "Given the potential for this decision to further weaken the economy at a time when so many Australians have lost their jobs, it may also be necessary to consider legislative options."

Labor industrial relations spokesman Tony Burke hailed the decision as a win, “Companies that use casual contracts for jobs that are in fact permanent are taking advantage of their workers. This behaviour deliberately robs workers of the security, protections and entitlements of permanent work,” he said.