On Wednesday the Federal Court delivered a decision in the matter of WorkPac v Rossato, which upheld key principles of the 2018 WorkPac v Skene decision.
The decision means regular, ongoing casuals will be able to access paid annual leave, paid personal/carer's leave and paid compassionate leave, and employers can not claim that 25 per cent pay loadings offset those entitlements.
Mr Rossato worked on six different contracts at Glencore mines on a casual contract, at one point working 12-hour shifts for seven days straight followed by seven days off.
AiGroup wants the Fair Work Act amended to clarify that a casual employee is someone "engaged and paid as such", so that casual employees are not "allowed to turn around years later and claim the entitlements of a permanent employee, like annual leave".
Casual workers now make up around 20% of the Australian workforce.
"Casual" workers are now entitled to paid personal and annual leave.
"The decision found that casual staff with regular shifts and an expectation to reasonably predictable hours of work will no longer be considered as casuals", he told the AJP.
"When a job is full-time, regular and on-going, it is permanent and deserves the security and entitlements that come with permanent work", Maher said.
"So this could create a fair work environment for everyone in the community and also help increase global students' employability and job security".
Dr March gave the example of a pharmacy employee who had been classed as a casual for more than 10 years, although they had been working a full time roster over the entire period of their employment.
"At a time when pharmacy workers are bearing the brunt of overwork and risky working conditions due to the COVID-19 pandemic, pharmacy employers owe it to their staff to ensure they receive the appropriate pay, employment conditions and entitlements".
"Employers must now stop with the nonsense that calling a worker a casual makes them so".
'Today's decision. highlights the need for urgent legislative reform to provide certainty to businesses and casual employees, ' the group's chief executive Innes Willox said.
A spokesperson for the Pharmacy Guild says that the organisation is now studying the WorkPac v Rossato decision and has no comment at this stage.
The court rejected the company's claim the worker should be required to forfeit the casual loading if found to be a permanent employee.
"This is a fantastic decision that puts an end to the "permanent casual" rort that has become a scourge in the coal mining industry and across the workforce", the Construction, Forestry, Maritime, Mining and Energy Union national president Tony Maher said.
"A lot of employers wanting to recruit global students cannot because they can't work three full days a week, so if we can lobby to increase the work restriction from 20 hours to 24 hours then that alone could create tens of thousands of part time jobs for students", he said.
"The current laws, as interpreted in these decisions, operate as a major deterrent to the employment of casuals".
Industrial Relations Minister Christian Porter is reportedly considering taking the path of legislation to address the situation.
According to The Guardian, the Government could potentially intervene in this case, and WorkPac could appeal.
'Given the potential for this decision to further weaken the economy at a time when so many Australians have lost their jobs, it may also be necessary to consider legislative options, ' he said in a statement.