ACTU weighs up intervention in casual case

The peak body for unions is considering intervening in a Federal Court case which could set a precedent for how casual employees are defined.

Unions are weighing up intervening in a casual worker test case after Industrial Relations Minister Kelly O'Dwyer called on the Federal Court to speed up the matter.

Labour hire firm WorkPac has filed an application in the Federal Court seeking declarations a former employee, Robert Rossato, was a casual employee and not entitled to be paid leave entitlements.

Ms O'Dwyer has intervened in the case after raising concerns over potential "double dipping" of entitlements.

In court submissions published by Fairfax Media, Ms O'Dwyer's legal counsel said clarifying the definition of casual employees had immediate importance to Australian employers.

Australian Council of Trade Unions secretary Sally McManus said the peak body would not allow the minister to run roughshod over the rights of working people.

"The practice of forcing people into casual work to avoid paying leave and other entitlements is systemic and is contributing to a national crisis of insecure work," Ms McManus said on Thursday.

"We need more secure jobs in this country, not an employment minister who defends companies that rort the system and create insecure work."

Ms O'Dwyer has previously said it doesn't make sense for casuals to get a 25 per cent loading as well as holiday pay and other entitlements.

The test case comes after an earlier ruling found truck driver Paul Skene was entitled to an annual leave payout from WorkPac despite being a casual employee because of his long-term regular pattern of work.

The decision sparked concerns businesses could be forced to pay both casual loading and entitlements usually given to permanent workers, leaving them liable for millions.

The CFMEU and Mr Skene have also intervened in the Rossato case.


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Source: AAP



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