Alex Tighe, Sydney
According to the Australian Bureau of Statistics, the proportion of workers classified as casuals has grown rapidly since the mid-1980s — from 13% in 1984 to more than 26% of the work force today.
That's a lot of workers who do not have access to paid sick leave and holiday entitlements, and have limited rights if an employer decides they are no longer needed or wanted. There is an ever-growing number of people who cannot be certain that they will work from one week to the next. Increasing numbers of workers and their families cannot rely on a regular income and often can't qualify for loans for a house or a car.
It's easy to understand why casual workers are reluctant to speak out about these issues or to be visible union activists.
In August, the NSW Labour Council launched its "secure employment test case" in the NSW Industrial Relations Commission in an attempt to gain some rights and legal protection for casual and labour-hire workers. Hearings took place from May 4 to 17, and will resume in June. More than 150 submissions have been lodged, along with a long list of witnesses, which will ensure that there will be an extended legal battle and little joy for workers in the meantime.
The Labour Council is asking for the insertion of a "secure employment clause" into seven awards. Casual workers who have worked regularly for more than six months would be given the option of converting to permanent employment. The Labour Council claim also aims to give labour-hire workers the same rates of pay and work conditions as permanent workers employed by the host employer.
Employer groups are strongly opposed to the application. The NSW Chamber of Commerce has claimed that a survey of 400 small businesses has revealed that they would not take on more staff if the test case is successful.
The Australian Labor Party claims it supports the rights of casual workers. On April 19, Jenny Macklin, Labor's federal spokesperson on employment, and Craig Emerson, shadow federal minister for workplace relations and the public service, released Labor's policy on casual employment. "Labor will legislate to ensure that the Australian Industrial Relations Commission takes into account job security and the need to prevent the misuse of casual employment... Award provisions will allow casuals employed regularly for a set period of time (which can vary according to the industry) to ask to convert to permanent employment", Macklin and Emerson stated in a press release (see ).
However, the NSW Labor government's industrial relations minister, John Della Bosca, is opposed the Labour Council's submission, arguing that converting casuals to permanents would reduce flexibility in the public sector.
The NSW government's Public Employment Office (available at ) argues strongly that the Labour Council's proposals will hinder the NSW public service's ability to contract-out work and use temporary labour. It particularly objects to the section that says employers should provide 12 weeks' notice before contracting-out work. The PEO also claims that casual staff are necessary because they make the public sector cost-effective.
From 91×ÔÅÄÂÛ̳ Weekly, May 26, 2004.
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