This webinar featured authors of two forthcoming articles in a Special Issue of the Australian Journal of Labour Law examining the substance of the ‘Loopholes’ that were purportedly closed by the Albanese Government led changes to the FW Act.
Defining employment – Professor Joellen Riley
Reliance on the common law for a definition of ‘employment’ has long created a loophole through which some employers have escaped statutory obligations. The inclusion of a new s 15AA in the Fair Work Act 2009 (Cth) will mean that the ‘practical reality’ of the relationship as a whole will be regarded, and not merely the terms of a contract drafted by the employer. Nevertheless the underlying tests for determining employment status remain unchanged.
The ‘Casual’ Problem in Australian Labour Law – Justice David Chin & Dan Fuller
The law has long grappled with the problem of defining ‘casual’ employment. The difficulty lies in the need to strike a balance between recognising the substance and reality of work on the one hand, and the desirability of certainty for both employers and employees as to an employee’s status on the other. This discussion examines the historical efforts of the courts and legislature to achieve that balance, culminating in the High Court’s decision in Workpac Pty Ltd v Rossato, and Parliament’s response to that decision in the form of the Fair Work Legislation Amendment (Closing Loopholes No 2) Act 2024 (Cth).
Event recordings are available to ALLA members, become a member here. Please contact alla@austlabourlaw.asn.au for assistance accessing the video.