Source: Unsplash/Marcin Jozwiak.
Over the last six months, the federal government has been openly critical of the decisions of the Federal Court of Australia in
WorkPac Pty Ltd v Rossato [2020] FCAFC 84 and
WorkPac Pty Ltd v Skene [2018] FCAFC 131. It has also recently supported a successful application for special leave to appeal the
Rossato decision in the High Court of Australia, which is likely to be heard sometime next year.
In the meantime, Attorney-General Christian Porter has introduced the
Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020, which seeks to effectively overturn the decisions of
Rossato and
Government proposes significant changes for casual employees in the Fair Work Act following IR Roundtables - Employment and HR mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
The new definition of the “casual employee”: The details, the flaws and the likely outcome Trent Hancock
On December 9, 2020, the federal government introduced the long-awaited
Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 into the House of Representatives.
The bill was introduced after what Minister for Industrial Relations Christian Porter described as “extensive consultation with employer and employee groups”, who spent more than 150 hours deliberating five key areas of industrial relations.
One of those key areas, and perhaps the most controversial, was the uncertainty about casual employment and how a casual worker was defined.
In order to remove this uncertainty, the bill introduces, for the first time, a statutory definition of the “casual employee”, which has become increasingly contentious following the recent decisions of
Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020
into the House of Representatives.
The bill was introduced after what Minister for Industrial Relations Christian Porter described as “extensive consultation with employer and employee groups”, who spent more than 150 hours deliberating five key areas of industrial relations.
One of those key areas, and perhaps the most controversial, was the uncertainty about casual employment and how a casual worker was defined.
In order to remove this uncertainty, the bill introduces, for the first time, a statutory definition of the “casual employee”, which has become increasingly contentious following the recent decisions of