The ACTU is calling on the Albanese Government to make it easier for those "misclassified" as casuals to recover their full entitlements, with its research showing casual workers earn nearly 11% less than permanent employees of the same skill level or occupation and most are in long-term arrangements.
A leading IR law academic says that high casual employment is an entrenched "cultural problem" that needs a solution and that there is likely to be an "explosion" in sham contracting if the Government fails to address last year's High Court rulings in Jamsek and Personnel Contracting.
In a close analysis of what constitutes regular and systematic employment, a senior FWC member has held that a casual trolley collector met the minimum service period to allow him to pursue Bunnings for unfair dismissal, despite "unpredictable" shifts and a contract expressly stating he should not expect ongoing work or guaranteed hours.
A Federal Court majority has today dealt a hammer blow to NSW's and Victoria's pursuit of employers alleged to have avoided long service leave entitlements to casuals, ruling that a tribunal's reading of the Fair Work Act's LSL provision produced an "absurdity" whereby employers received "no warning" they could be held criminally liable for supposed non-payments.
Victoria's nation-first pilot scheme providing paid sick leave to casual and contract workers in selected industries has paid out more than one million hours of leave at a cost of more than $22 million in the past year, but unenthusiastic employers ensure its future remains cloudy despite evidence it reduced workplace illnesses.
Casuals cannot be "dispensed with" simply by reducing their hours to zero, the FWC has ruled, clearing the way for a worker to proceed with his adverse action claim.
A casual Census collector sacked by the ABS for calling on her 7000 LinkedIn connections to revolt against COVID-19 lockdowns has failed to persuade a court that it "violently" discriminated against her.
An Albanese Government senator has described Amazon's reliance on labour hire workers and independent contractors as the "wild west," and challenged the company's aspiration to be the "best employer on the planet", in a hearing this week.
The Albanese Government will soon introduce further IR legislation to include superannuation payments in the National Employment Standards (NES), clarify coverage of temporary migrant workers and ensure stronger access to unpaid parental leave.