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It would be wrong for the Labor Government to disturb the current definition of casual employment, an IR specialist has warned in discussing the most concerning changes that lie ahead for employers.

Labor's 'secure jobs' policy states that it will restore the common law definition of a casual worker, but the "obvious point" to make here is that the High Court has established a new common law definition, says Australian Industry Group head of national workplace relations policy Stephen Smith.

"The High Court – in the Workpac v Rossato case – determined the common law definition, and that definition centres on the understandings of the parties at the time of engagement," Smith stressed as part of a roundtable hosted by law firm Kingston Reid this morning.

Prior to this, and particularly from 2018–2021, employers faced high levels of uncertainty around engaging casual workers, including the threat of major class actions, and the "enormous cost risks" of double-dipping claims, he notes...