Wednesday, 15 September 2021

 Mrs McARTHUR (Western Victoria) (14:15): (1513) My adjournment debate is for the Minister for Employment. Last month the High Court of Australia handed down a landmark employment law decision in WorkPac Pty Ltd v. Rossato. In that decision the court overturned earlier decisions of the full Federal Court and held that the casual or permanent classification of a worker’s employment should be determined by having regard to their contract as opposed to the nature or substance of the relationship with their employer. This was critical in establishing that casual employees do not qualify for permanent employee entitlements such as paid annual leave, personal leave and compassionate leave under the Fair Work Act 2009. Casual employment plays a crucial role in the Victorian economy. It is vital for small businesses because they require the ability to respond to fluctuations in sales, and often their profit margins are too small to employ many workers on a permanent basis. Casual employment is especially vital for young people because they need job opportunities that are flexible and attainable.

Unsurprisingly, given their total lack of private sector experience and disdain for private enterprise, the Labor government has denigrated casual employment, often referring to it as ‘insecure work’. In November last year, when the government introduced the secure work pilot scheme, I raised many issues relating to the government’s treatment of casual workers. We should view casual workers as an important part of our state’s economy and not degrade them by implying their work is inferior to that of permanent employees or suggesting that they need saving from these ubiquitous pathological bosses that the government has dreamed up. Of course the government should be seeking to address legitimate cases of insecure work where casual employees are treated illegally, as well as assisting workers who are outside the legitimate workforce—those paid cash and in the black economy. These should be recognised as the exception, however, and not the rule.

The High Court’s decision should be welcomed because we must appreciate the real distinction between casual workers and permanent employees and the different but equally crucial roles they play in the Victorian economy. The Labor government has decimated casual employment opportunities in this state through small business crushing, repeated lockdowns and numerous tax hikes and new taxes, but a Guy Liberal government will navigate a path to economic recovery. The action I seek from the minister is to publicly welcome the High Court’s decision and then clearly outline what the Andrews government’s plan is to salvage the thousands of casual jobs lost through these lockdowns.