In a significant ruling of the Federal Court this week (Wed 20
May) the court found that an employee Mr Rossato who was employed
under several written casual contracts by a labour-hire company,
Workpac was entitled to claim payments for annual leave, personal
leave and compassionate leave.
The court found that Mr Rossato was not a casual under the
enterprise agreement or otherwise as his employment was stable,
regular and predictable. Rosters were set well in advance.
Accordingly, the court found that Mr Rossato was entitled to annual
leave, personal leave, compassionate leave and public holidays.
Of particular concern to employers and employer groups is the
finding that the employer could not "set off" the 25%
casual loading it had paid to Mr Rossato against the claim for
annual leave, personal leave and public holidays.
