04 Aug 2021 | Media Release
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.”
30/06/2022
Persistent labour and skills shortages continue to plague Australian businesses, with job vacancies reaching a record 480,000 positions in May. According to job vacancies data,...
27/06/2022
Giving pensioners the choice to return to the workforce would be a boost for Australian businesses struggling to find staff. Australia’s largest and most representative...
21/06/2022
Manufacturers are benefitting from a strengthening of demand in the Australian economy, but are facing supply headwinds and escalating costs that are the most challenging...
17/06/2022
The meeting of National Cabinet in Canberra today signals a renewed and bipartisan impetus from Australia’s leaders to overcome chronic workforce shortages, languishing productivity growth...
15/06/2022
The Fair Work Commission’s decision to increase minimum wages by 5.2 per cent and award wages by 4.6 per cent will hit those industries which...
7/06/2022
The Reserve Bank’s decision to hike the cash rate for a second time in two months by 50 basis points from 0.35 to 0.85 per...
7/06/2022
Australia’s largest and most representative voice for business, the Australian Chamber of Commerce and Industry, is urging consumers to support local goods this Australian Made...
31/05/2022
The Albanese Government’s ministry reflects a strong mix of experience and fresh talent for the Australian business community. “ACCI welcomes the new federal ministry and...
30/05/2022
The Australian Chamber of Commerce and Industry (ACCI) has congratulated Peter Dutton on his election as Liberal leader, and David Littleproud as Nationals leader. The...
26/05/2022
Australia must reach consensus on a plan for affordable and reliable power generation that balances domestic energy security and facilitates emissions reduction. Released today, the...
22/05/2022
The Australian Chamber of Commerce and Industry, the nation’s largest and most representative business network, congratulates Anthony Albanese and his team on the election of...
11/05/2022
In its submission to the Fair Work Commission’s annual wage review, the nation’s peak business network, the Australian Chamber of Commerce and Industry, has backed...
3/05/2022
The Reserve Bank’s decision to lift the cash rate to 0.35 per cent reflects the interrelated challenges of rising inflation, supply chain bottlenecks, and acute...
29/04/2022
The Australian Chamber – Tourism is urging both parties to commit to measures that will assist in the recovery, and capitalise on the potential, of...
20/04/2022
The further easing of close contact isolation rules for household contacts in NSW and Victoria will ease the crippling workforce shortages that are hampering business...
19/04/2022
A commitment from a re-elected Coalition government to extend new greenfields agreements to six years is an important step towards genuine and structural workplace reform...
13/04/2022
Australia’s largest and most representative voice for business, the Australian Chamber of Commerce and Industry, today launched its campaign Back Australian Business, coinciding with the federal...
11/04/2022
The union movement’s rehashed casualisation scare campaign puts Australian small businesses and jobs at risk. “This election, Australians deserve better than the ACTU’s false claims...
2/04/2022
Australian businesses are set to reap the rewards of strengthened ties with India following the Phase One Agreement of the Australia-India Economic Commercial and Trade...
29/03/2022
Tonight’s budget will continue to rebuild Australia’s tourism industry; notwithstanding continued labour pressures are hampering the sector’s recovery. “The Government’s commitment to tourism has been...