In a landmark decision, the Federal Court has ruled that workers
engaged as ‘casuals’ may be entitled to annual leave.
The decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131
has paved the way for claims by ‘casual’ workers who
are employed on a regular and systematic basis.
In this case, a FIFO worker engaged as a ‘casual’ by
labour-hire company WorkPac was held to be a permanent employee.
Although the employee was designated as a ‘casual’ and
was paid a flat hourly rate, the Court held that the real
substance of the working relationship had to be
considered.
In order for a worker to be classified a casual employee under
the NES annual leave provisions, there must be the
“absence of a firm advance commitment as to the duration
of the employee’s employment or the days or hours the
employee will work”.
