It's somewhat difficult to understand why the two
"contracting cases" handed down by the High Court have
generated such panicked commentary about entrenching insecure
work.
Unions are outraged and calling for legislative change.
Opposition IR spokesperson Tony Burke has pledged increased
regulation around the use of contract workers, lamenting "that
if you're found to be a contractor your rights fall off a
cliff."
The scene is set for the issue to squarely become one that is
front and centre of IR policy in the lead-up to this year's
federal election. But the rhetoric is largely misplaced. The proof
of this (or at least a reasonable indication) is in the pudding
itself.
The first case (CFMMEU v Personnel Contracting),
considered a "triangular" contracting model, which
operates in a similar way to traditional labour hire. The relevant
worker in the case, Mr McCourt, was a relatively unskilled
backpacker who signed up as an independent contractor to
