What makes a casual?

27 Jul 2023

The MEU supports the Federal Government’s announcement that they will legislate a definition of casual work that reflects its intended nature as non-regular and on-going employment. 

This change would restore the legal principle established by our Union’s landmark cases against WorkPac, which determined that ‘permanent casuals’ employed in the coal mining industry on regular full-time hours with rosters set up to a year in advance were not genuine casuals. 

This important principle – and hopes of compensation for many coal miners employed incorrectly as casuals – was overturned by the Morrison Government. 

Along with ‘Same Job Same Pay’, establishing a definition of casual in the Fair Work Act based on working conditions and not words in a contract is an important step towards closing legal loopholes which have allowed labour hire workers to be exploited in the mining industry.