Casual employment: Latest developments and where to from here?

It has been a big year for casual employees, with the law with respect to who a casual employee is, and what their entitlements are, appearing to be (finally) settled. Some key developments in this space from the last week alone are summarised below.

Workpac v Rossato

On Wednesday, 4 August the High Court handed down its long awaited decision inWorkpac Pty Ltd v Rossato[2021]HCA 23 on the correct approach to determining whether an employee is a casual under theFair Work Act 2009(FWAct). The key issue is whether there exists a "firm advance commitment" to ongoing work (the absence of which typifies casual employment). The Court said reference must be had to the express terms of the employment contract, and rejected the approach adopted by the Full Court of the Federal Court inWorkPac Pty Ltd v Skene(2018)264 FCR 536 which said casual employment is characterised by the conduct of the parties and the "real substance, practical reality and true nature of that