A FIFO worker who was purportedly engaged as a
"casual" under an enterprise agreement has successfully
claimed an entitlement to annual leave under both the National
Employment Standards (NES) and the terms of the
enterprise agreement.
The full Federal Court decision in WorkPac Pty Ltd v
Skene [2018] FCAFC 131 opens the way for further claims by
employees who are engaged as casuals but work regular and
consistent hours.
Designation as a "casual" and payment of a
casual loading are not determinative
In this case, the employee:
- was engaged by labour-hire company WorkPac as a
"casual" in the employment terms and conditions, which
included an enterprise agreement;
- consistently worked 12 hour shifts over an approximately 2 year
period on a "7 days on, 7 days off" roster that was set
12 months in advance;
