The Federal Circuit Court has found that truck driver, (Mr.
Skene) engaged on a casual basis under an enterprise agreement and
who worked regular rosters, was entitled to annual leave under Part
2-2 of the Fair Work Act 2009 (FW
Act).
The finding of an entitlement to annual leave under the FW Act
arose even though the Court found Mr Skene was a casual employee
and not entitled to annual leave under his enterprise agreement.
The relevant enterprise agreement provided that casual employees
would be paid a casual loading in lieu of leave entitlements.
In March 2017, the Court ordered Mr Skene's former employer
to pay him compensation for annual leave that he apparently accrued
during his employment (which ended almost two years before Mr Skene
commenced the claim), plus interest that had accrued in the two
years since he ceased employment.
