Casuals Court Decision Overturned by New Laws

June 22, 2021

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The Federal Government has overturned the Federal Court decision in Workpac v Rossato with the passing of the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (the Bill).

The Workpac v Rossato decision had confirmed that some casual workers were entitled to paid leave. The Bill has introduced a definition to casual employment into the Fair Work Act 2009 (Cth) and gives long-term casual employees the right to be converted to permanent employment.

Specifically, the latter amendment states that casual employees who have been employed for 12 months or more, and have worked regularly and systematically for the previous 6 months can request the employer to covert them to permanent employment. The employer must then make a written offer of permanent employment to the employee within 21 days after the end of the 12-month period.

However, employers are not required to make an offer of permanent employment to the employee if they have reasonable grounds not make an offer. These grounds include:

  1. The employee’s position will no longer exist after the 12-month period;
  2. The hours of work required of the employee will be significantly reduced after the 12-month period;
  3. There will be significant change in the days and/or times at which employee will be required to perform their hours of work;
  4. Making the offer will not comply with a recruitment or selection process required by law.

Link to the Bill (as passed by both Houses):;fileType=application%2Fpdf


If you would like to discuss your employment rights or your business’ rights in the workplace around the casual workforce, we are here to help.  Call our office on (03) 9642 0435 or email for a confidential discussion with our team.

Nothing in this article should be relied on as legal advice.   The contents of this article should be regarded as information only, and for specific legal matters, independent advice should always be sought.