Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

I think the important thing to remember here regarding 'uniform' is that it's not as if that's being put forward as the test that needs to be satisfied for someone to be able to convert from casual to permanent employment. The amendment makes clear that the test of whether someone is casual or not is whether there is an absence of a firm advance commitment to continuing and indefinite work. That is the test, and that is the test that used to apply under Australian law prior to the High Court decision in the Rossato case. It's also important to remember that no-one is forcing a casual employee to convert to permanency, and no-one is forcing an employer to do so. What will happen as a result of this is simply that an employee who is described as casual will have an opportunity to seek to convert if they can demonstrate that they are not a casual employee.

I might also just make the point that while there are some employer groups who have complained about this—we recognise that—there are also employer groups who have supported this change, such as the Australian Hotels Association. Pubs and clubs are big users of casual labour. There are many people who work in pubs and clubs who are genuine casual employees. They work 10 hours one week, 20 hours the next and none the week after—genuine casual employees. But there are unfortunately other workers in other industries that do work the same hours, week after week, month after month, year after year, and are nevertheless treated and paid as casuals. That's allowed to happen under the current law, and that's what we say needs to be changed. The Australian Hotels Association supports our proposal as to the definition of 'casual employment'. They say that it strikes the right balance. We've essentially reinstated the common law definition that existed before the Morrison government took an axe to workers' rights in 2021. The new definition focuses on the reality of the employment relationship, not how it might have been described in the employment contract.