Casual workers encompass 20 per cent of Australia’s workforce and provide employers with immense flexibility as far as staffing is concerned. With the Federal Court’s WorkPac v Rossato decision, it’s clear that the Fair Work Act 2009 must be amended to clearly define the terms of a ‘casual’ employee once and for all.
Currently, the Fair Work Act 2009 defines a casual employee as ‘… an employee engaged and paid as such…’ which severely compromises an employer’s ability to legally determine what it means to be a casual worker.
The decision has already begun to intensify at the worst possible time, with thousands of casual staff being stood down as a result of the pandemic. This presents a clear threat to South Australian employers and small businesses who rely on casual staff from an operational perspective.
Now is the time for the legislation to be amended to end confusion on how casual workers are paid and engaged for work. This comes at a time where job losses are at an all-time high and confidence in business conditions has nose-dived.
Getting South Australians back to work remains paramount to the State’s economic recovery and diminishing casual employment will prove detrimental to thousands of local businesses. Despite the easing of social distancing restrictions, many operators are barely surviving and having to defend years-worth of back pay claims is sure to result in the collapse of many small businesses.
The South Australian Business Chamber strongly encourages employers to examine current casual staffing arrangements and seek advice by speaking with one of our experienced Senior Consultants, specialising in employment law. Our team of workplace consultants can assist both members and non-members to help them manage any potential risk to their business. Don’t get caught out.
For more information on casual staffing arrangements and a range of additional workplace-related matters, the South Australian Business Chamber Members can also contact our FREE Business Advice Hotline on 08 8300 0000 from Monday to Friday between 8:30am and 5:00pm.
If you are not a the South Australian Business Chamber Member now is the time to join. To find out more about the South Australian Business Chamber’s three month complimentary membership offer and the many benefits it provides get in touch on (08) 8300 0000. Learn more about the offer by clicking here
For more information on the South Australian Business Chamber’s business advisory services, click here
