The High Court provided welcome clarification in the casual employment debate on Wednesday 4 August. It has overturned the Full Court of the Federal Court's findings that Mr Rossato was not a casual employee and was due permanent employment entitlements. The Full Court of the Federal Court's decision had been a cause of significant concern and uncertainty amongst employers of casual employees.
In the decision in WorkPac Pty Ltd v Rossato & Ors [2021] HCA 23, the High Court emphasised the central importance of the written terms of a contract of employment in determining whether an employment relationship is casual or permanent.
The High Court decided that the Full Court of the Federal Court was wrong in both its Skene and Rossato decisions to look behind the written terms of the contract of employment (which did not include a ‘firm advance commitment' to ongoing work beyond each individual work assignment) to non-contractual issues, such as the conduct of the parties and the
