Statutory entitlements for casual employees: another WorkPac decision

The Full Court of the Federal Court recently handed down a decision confirming that employees categorised and paid as "casuals" with regular and systematic working patterns might be entitled to receive the paid leave entitlements of a permanent employee.

This decision, WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato), closely follows the decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 (Skene) where similar facts and issues were raised, and about which we wrote the article 'Casual Employment: the new rules of engagement' (here). If Skene was a movie, Rossato would be the less surprising and dramatic sequel.

Both Rossato and Skene highlight the real prospect that many employees, who have a firm advance commitment from their employer for continuing and indefinite work, are currently being miscategorised as causal employees. As a consequence, those employees may have valid claims to receive the same entitlements as permanent employees.