ARA welcomes Workpac v Rossato decision

Wednesday 4 August 2021

Peak retail industry body, the Australian Retailers Association (ARA) has welcomed today’s unanimous decision by the High Court to overturn the controversial decision of the Federal Court in the Workpac v Rossato case, which had created significant financial risks for retailers employing casual employees.

ARA CEO Paul Zahra said today’s decision demonstrated the importance of changes to the Fair Work Act passed earlier this year, following the ARA’s participation in the Federal Government’s Casuals Working Group.

“The decision confirms the appropriateness of the Federal Government’s actions to provide certainty around casual employment, protecting retailers from the risk of ‘double dipping’ claims for permanent employment entitlements by staff engaged and paid as casuals.

“We are pleased to see the High Court has clarified the meaning of a ‘casual employee’ in its decision, which is generally aligned to the definition that the ARA fought hard to see included in the Fair Work Act in March,” said Mr Zahra.

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