On 20 May 2020 the Full Federal Court delivered its decision in
WorkPac and Rossato. Here is a
link to the case.
The court held that casual employees who work regular and
systematic hours are likely to be considered permanent employees
and entitled to annual leave and personal and carers leave. The
court held that the payment of a loading did not operate to remove
or offset the potential leave entitlements. The case confirmed the
approach the court had taken in WorkPac and Skeene in August
2018.
Employer groups have indicated that an appeal to the High Court
is likely. The Federal Government has also indicated that
legislation may be introduced to reduce the potential effect of the
case.
