Employers can't set off loading to stop casual employees
"double dipping"
The Federal Court has confirmed that an employee engaged as a
casual but where there existed a "firm advance commitment as
to the duration of the employee's employment or the days/hours
the employee will work" is entitled to paid annual leave,
personal leave, compassionate leave and payment for public holidays
under the National Employment Standards of the Fair Work Act
2009 (Cwlth).
You will recall from our
e-bulletin of 27 November 2018, the labor hire company WorkPac
Pty Ltd elected to run a further test case in the matter of
WorkPac Pty Ltd vs Rossato [2020] FCAFC 84 on similar
facts to the original decision in WorkPac vs Skene (
see our article on this decision). In its new 261 page
judgment, the full Federal Court has again confirmed that employers
who incorrectly classify a casual employee based merely on the
written terms of the agreement will none the less be liable for
employee
