Excessive Court docket rejects informal backpay declare that motivated industrial relations combat

The Supreme Court disagreed on Wednesday, ruling that Mr Rossato’s contract made it clear that he was a casual gamer and that his employment was not that important in practice.

Casual workers typically receive 25 percent more than permanent employees in lieu of paid vacation, sick leave, and severance pay, although this is not always the case in the mining industry, where differences in wage agreements can result in casual workers receiving lower wages than permanent employees.

Lukas Matovinovic said that without paid leave, workers feel compelled to come to work when they are sick.Credit:Jason South

22-year-old hospitality worker Lukas Matovinovic said there seems to be a trend towards a casual worker who, with no vacation entitlements, causes many to feel compelled to come to work when sick.

“It’s more the psychological side, you don’t feel on sick leave. It’s like the work I do isn’t worth sick leave, ”he said.

The miners’ union that supported the case said the court and the federal government that intervened in the case had dashed the hopes of its members.

“Thousands of casual coal miners have lost the ability to file claims and lose hope of an end to the endless crowding out of permanent jobs,” said union general president Tony Maher.

Large industry associations such as the Ai Group, the Australian Chamber of Commerce and Industry, the mining company AMMA and the company that has the core of the WorkPac case welcomed the decision and viewed it as a return to common sense.

Innes Willox, the chairman of the Ai Group, said the decision should encourage Labor to pull away from its opposition to the government’s labor relations reforms and prompt the withdrawal of the class actions.

“The past few years have been exceptionally disruptive for employers and the focus now needs to be on promoting employment and investment,” said Willox.

Not likely, said Labor Relations spokesman Tony Burke. “A Labor government will overturn the government’s plan, end the unrest and restore workers’ rights,” he said.


Rory Markham, whose law firm Adero Law leads several of the class action lawsuits whose chances were already cruel through April’s reforms, admitted Wednesday’s decision was another setback, but said he was exploring options to move on to other arguments.

Joellen Riley Munton, labor law professor at the University of Technology Sydney, said the decision suggested workers’ representatives may need to scrutinize rules against bogus contracts if they want to challenge the agreements that unions see as illegal casual employment.

The Morning Edition newsletter is our guide to the most important and interesting stories, analysis and insights of the day. Login here.

Comments are closed.