Senate upholds new Fair Work Regulation clarifying offsetting rules for casual loading payments

As featured in previous issues of Workplace Insights, the Full Federal Court has held that an employee employed as a casual and ostensibly paid casual loading, was nonetheless entitled to payment of accrued annual leave upon termination of his employment – see WorkPac Pty Ltd v Skene [2018] FCAFC131.

Employers are exposed to claims for annual leave and other accrued entitlements (such as redundancy pay and personal leave) for casual employees engaged on a regular and systematic basis, including in circumstances where:

• the casual employees are engaged as such under the terms of an Enterprise Agreement or Modern Award; or
• the employees are paid a flat rate per hour inclusive of casual loading.