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ARTICLE · 19 DECEMBER 2018

A growing focus on casual employees

Holding Redlich
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Employers must closely follow these developments to maintain a flexible workforce and avoid breaching workplace laws.

AustraliaEmployment and HR
Michael Selinger
Michael Selinger
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This year has seen a significant focus on casual employees in the Australian workplace, raising more questions than has been answered. 

The controversial WorkPac decision of the full Federal Court (WorkPac Pty Ltd v Skene [2018] FCAFC 131) has rejected the commonly understood position that an employee designated as a casual under an award or enterprise agreement is a casual for all purposes.

This decision brought uncertainty for employers who previously treated casuals on the assumption that they were not entitled to any leave or termination entitlements. It also opened the possibility that employers could face significant penalties for not paying their staff the correct entitlements. (See our article on 'Are your casual employees actually casuals'). 

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