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Peak employer groups have welcomed the high court’s decision to hear an appeal on whether employees classified as casuals should be able to claim the entitlements of permanent workers if they performed regular, permanent work.

Employers fear the federal court decision could expose them to more than $14bn in backpay claims if allowed to stand.

The Australian Chamber of Commerce and Industry chief executive, James Pearson, said:


The decision of the federal court in Workpac v Rossato upended more than two decades of widespread industry practice and called into question the viability of casual work if it is allowed to stand. Consequently, today’s decision by the high court to hear an appeal is a relief, but not yet a remedy.

The Australian Industry Group chief executive, Innes Willox, said the decision to hear the appeal was “very welcome”.

He said:


The federal court’s decision has alarmed businesses and is no doubt operating as a barrier to employers taking on casual staff. With more than half a million casual jobs lost since March, any barrier to casuals being re-employed is not in the interests of employees or employers …There are at least eight class actions underway pursuing claims against employers given the interpretation of the law adopted by the federal court.

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The high court has granted special leave to appeal in a landmark case on casual employment.

In the Workpac v Rosatto decision the federal court found employees described as casuals could be owed further entitlements if they performed regular, permanent work.

The decision on Thursday to hear an appeal of the case will give comfort to employers, who have warned it could result in billions of dollars of backpay claims by casuals.

The federal government intervened on the employer’s side, meaning the case will likely reverberate in the political sphere, with Labor taking the Coalition to task for furthering insecure work.

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