When will a casual employee be entitled to annual leave?

Key Points:
Courts will look at substance, not form, when it comes to determining who is a casual employee - and what entitlements are due.

It has generally been understood that an employee who is paid a casual loading and classified as a casual employee is not entitled to personal/carer's leave and annual leave. Long-term casuals have in some cases been granted a statutory right to long service leave, but this has been regarded as an exception to the general rule.

A series of decisions involving an employee of McMahon Mining Services Pty Limited has called into question the received wisdom that a casual employee is not entitled to annual leave.

What was the employee doing?