ARTICLE · 05 JUNE 2020

Is Your Casual Workforce Really Casual? The Answer Might Be No.

Vincent Young

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A recent decision by the Full Federal Court has found that an employee who was employed by a labour hire business as a casual and paid as a casual, was in fact "other than a casual employee" for the...

AustraliaEmployment and HR

A recent decision by the Full Federal Court has found that an employee who was employed by a labour hire business as a casual and paid as a casual, was in fact "other than a casual employee" for the purposes of:

section 86 of the Fair Work Act 2009 (Cth) (FW Act) - dealing with entitlements to annual leave;
section 95 of the FW Act - dealing with entitlements to personal/carer's leave; and
section 106 of the FW Act - dealing with entitlements to compassionate leave.

This meant that the employee was entitled to annual leave, personal/carer's leave, compassionate leave and public holidays.

The decision has confirmed that the Court will look at the "totality of the relationship" to determine the nature of the relationship. This involves having regard to:

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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