The decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 has confirmed the earlier decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 about casuals and this will change the landscape of casuals as we know it.

The essential question being asked is – “if an employee agrees to a contract that labels them a casual but their work is systematic (rostered well in advance for example) and regular (set hours and days) and longer term (happening for years) are they still a casual?” In the WorkPac decision, the Federal Court says NO

The way the courts have looked at this situation is that if a person is working regular and systematic hours then they are entitled to annual leave, personal leave and other payments made that have typically been understood by employers as covered in the enhanced wages that they have been paying through their award or enterprise agreement. The courts see it that even if an employee is getting the enhanced wages if they are working regularly and systematically then they are entitled to access entitlements such as annual leave despite the inflated wages for the time they work.

You can read more in our article “casuals” – What we need to know – Here 

Michelle Gargar – Pamilya Accountants – Director FCPA

phone: 07 5649 6824 | 0400 234 366



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