Two proposed reforms in Australia have incensed the business lobby. The first will see the Labor government legislating its “same job, same pay” campaign promise, intended to prevent labor hire companies from undermining union-negotiated agreements by paying contract workers to do the same job, at the same worksite, for less money.

Labor’s second proposal claims to redefine casual work in order to stop employers mis-categorizing ongoing workers as casual, in order to avoid paying entitlements. In part, this move responds to a 2021 court decision that asserts that work contractually defined as casual work is casual work. This tautological definition — also favored by the opposition Liberal party — gives employers the unilateral right to determine whether work is casual, regardless of the real situation.

The Australian Labor Party (ALP) supports an earlier court decision that defines work based on the totality of the circumstances involved in a given case. By this measure, if an employee works regular hours over an ongoing period, they are owed the entitlements of a permanent worker even if their contract defines them as casual.