High Court embraces common sense arrangements for employers and employees

04 Aug 2021 |

Today, the High Court’s Workpac v Rossato appeal judgement has unanimously rejected the union movement’s disingenuous attempts to discredit casual employment as a legitimate and lawful practice.

The judgement overturns the controversial decision of the Federal Court that had resulted in a casual employee being considered a permanent employee and entitled to back pay of paid leave entitlements, in turn exposing employers across the country to over $39billion in similar back pay claims.

Employers can today breath a sign of relief with the High Court’s decision reinstating the longstanding common law and practice around casual employment, including that the express terms of an employment contact are binding when characterising an employment relationship.

Australian Chamber of Commerce and Industry acting CEO Jenny Lambert said: “Today’s decision was vindication for hundreds of thousands of employers who were thrown into distress and disarray by the early Federal Courts decision and the subsequent campaign run by the union movement which sought to delegitimise casual employment arrangements which have now been confirmed by the High Court to be legitimate and lawful.

“Coupled with the Federal Governments IR Omnibus legislation which sought to address the failing of the Fair Work Act in not properly defining casual employment and preventing double dipping claims, today’s unanimous decision finally gives employers the certainty and confidence around casual employment they need and leaves the legitimacy of casual employment now beyond question.

“The union movement’s campaign for what they term ‘insecure work’ has seen a relentless demonisation of employers employing casuals who have simply been trying to do the right thing by the law and their employees.

“Today’s High Court’s decision puts the union movement on notice.  It’s time to bring to an end the ‘insecure work’ and ‘rampant casualisation’ misinformation campaign and concentrate on the facts.

“Workplace arrangements must reflect how Australians want to work, which includes casual employment arrangements, and by the needs of Australian businesses, to keep their doors open and continue creating jobs.”

Jack Quail

Media Officer

P  |  0438 730 772

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