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Monday, October 12, 2026

Secure Australian Jobs Plan: Labor's Proposed Employment Law Reforms - Lexology

Following the Australian Labor Party’s win in the 2022 Federal election, employers need to be aware of several reforms proposed by Mr Albanese’s Labor Government in the employment law space.

Although workplace and industrial relations reform was not a central talking point in the run up to the election, Mr Albanese did propose the “Secure Australian Jobs Plan” in response to several current workplace and broader economic issues.

This Insight provides an overview of the key changes proposed under this Plan.

Changing the Definition of a Casual

Mr Albanese’s Government has proposed to legislate an objective test to be used to determine whether an employee is a casual. Although the requirements of this objective test have not yet been revealed, the test will likely shift the focus back to the practical realities of the relevant employment relationship. This would be a departure from the recent High Court decision in Workpac v Rossato1 and Mr Morrison’s Government’s recent changes to the definition of a casual employee under the Fair Work Act 2009 (Cth) (FW Act), which controversially shifted the focus onto the written terms and conditions governing the relevant employment relationship.

Expanding the Coverage of the Fair Work Commission

The Albanese Government has proposed to expand the powers of the Fair Work Commission (FWC) to cover “employee-like” forms of work. What this means is that if implemented, the FWC will have powers to determine the rights and obligations that...



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