Laborā€™s casual worker reforms need to go further

August 1, 2023
Issue 
University of Sydney picket in March. Many university workers are employed on casual contracts for long periods of time. Photo: Pip Hinman.

The Australian Council of Trade Unions (ACTU) on July 24 welcomed federal Laborā€™s plan to giveĀ ³¦²¹²õ³Ü²¹±ōĢż·É“Ē°ł°ģ±š°ł²õ who work in the same job for more than 6 months, the option of permanent work rights.

Others say Labor needs to go further and resolve the ā€œcasual problemā€.

The reform will legislate a definition of who can be classed as casual. It is being welcomed overall with the exception of bosses groups including Australian Chamber of Commerce and Industry, is closing a loophole that leaves people stuck as casuals when they really work permanent regular hours.

Laborā€™s workplace minister said this will help more than 850,000 casual workers. The conversion will not involve back pay, and no one will be forced to become a permanent worker and lose their loading.

There were more than 2.6 millionĀ  in May, according to . It said that this equates to a little under 1 in 4 of the work force who has little to noĀ jobĀ security and does not have access to basic rights, such as sick leave.

Australia has one of the highest rates ofĀ ³¦²¹²õ³Ü²¹±ōĢż·É“Ē°ł°ģ±š°ł²õ among the Organisation for Economic Co-operationĀ and Development (OECD) countries, according to 2018 data.

ACTU secretary Sally McManus said the amendment, included in Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023, would ā€œput the decision in the hands of workers ā€”Ā do they want to remainĀ casualĀ or not? Right now, too many workers areĀ workingĀ jobs that areĀ casualĀ in name only, denying workers both pay and rightsā€. She said employer groups had ā€œbeen in denialā€ for too long.

Workers hired as casuals, but who have regular or predictable shifts, will be able to ask employers to convert them to permanent after six months. They would voluntarily give up theirĀ casualĀ loading (usually 25%) in return for leave, sick pay and jobĀ security.

Some argue Laborā€™s workplace reforms need to go much further.

David Peetz, Laurie Carmichael Distinguished Research Fellow at the Centre for Future Work and Professor Emeritus, Griffith Business School, wrote in on July 31 that not enough was being done to ā€œresolve the ā€˜casual problemā€™ā€.

The premise for hiring casuals is that the work is intermittent. Yet, using unpublished data from the Australian Bureau of StatisticsĀ  showed only 6% of leave-deprived workers (1.4% of all employees) are ā€œnarrowly-defined casualsā€ and that the majority of leave-deprived workers have been with their employer for over a year.

ā€œThe majority expect to be with the same employer over a year into the future. Around half have stable hours from one week to the next and are not on standby.ā€

They argued that the term ā€œpermanent casualā€ is more accurately phrased as ā€œpermanently insecureā€. ā€œThe high rate of ā€˜casualā€™ employment enables Australia to have an internationally low level of leave coverage.ā€

He said in Ā all workers ā€”Ā including temporary workers ā€”Ā are entitled to annual leave, and Laborā€™s changes do not go far enough saying this country needs ā€œuniversal leave entitlementsā€.

He said on average, low-paid ā€œcasualsā€Ā Ā than equivalent permanent workers, despite the loading.

There is a place for a casual loading, where workĀ is unpredictable but, Peetz argued, ā€œeveryone else should get annual and sick leave, and minimum award wages should be high enough that low-wage workers donā€™t have to rely on theĀ casualĀ loading to get by.

ā€œThe challenge should be about how we transition to that situation,ā€ Peetz said.

You need Ā鶹“«Ć½, and we need you!

Ā鶹“«Ć½ is funded by contributions from readers and supporters. Help us reach our funding target.

Make a One-off Donation or choose from one of our Monthly Donation options.

Become a supporter to get the digital edition for $5 per month or the print edition for $10 per month. One-time payment options are available.

You can also call 1800 634 206 to make a donation or to become a supporter. Thank you.