Business lobbyists at the Australian Industry Group, which represents 60, 000 employers, has been pressuring the government to ament the Fair Work Act to legislatively clarify the nature of “casual work”. They have previously claimed that 1.2 – 1.8 mil workers may fall under the arguably broad definition of a casual worker, which could lead to up to $8 bil in back payment claims.Casual workers make up around 20% of the Australian workforce as the nature of the job provides flexibility that both employers and employees need.Peter Vitale, a workplace lawyer, says businesses cannot do anything about back payment liability, but can make changes to current and future arrangements to limit their exposure. He cautions that the conversion to part-timer must be voluntarily accepted by workers, as some may be reluctant to miss their 25% loading during the financially unstable pandemic.There is a significant disadvantage casual workers may see in taking on the conversion to a permanent role. If an employee insists on continuing as a regular casual, the risk of a situation such as what happened to WorkPac becomes higher. On the other hand, an employer who refuses to give a regular casual shifts for not converting to permanent position could be exposed to unfair dismissal claims or adverse action claims.There are predictions that the federal government will now be forced to step in and finally create a proper legal definition for “casual work” in an amendment of the Fair Work Act. SMEs are especially vulnerable as they are not necessarily equipped with their own workplace lawyer or HR manager to manage these details.