ARTICLE · 08 FEBRUARY 2019

WorkPac Pty Ltd v Skene – Casuals are still casuals

Russell Kennedy

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This decision requires employers to be aware of the substance of the working arrangements, rather than the description.

AustraliaEmployment and HR

Anthony Massaro

The recent decision about casual employment in WorkPac Pty Ltd v Skene has received a lot of publicity. The Full Court of the Federal Court confirmed a decision that an employee who was hired under a casual employment contract was in fact a permanent employee, based on the substance of the relationship and working arrangements.

Importantly, this decision does not change the legal criteria used to distinguish between casual and 'other than casual' employees. However, the decision makes it clear that employees may be awarded back payment for leave entitlements, even where they have been paid a casual loading and classified as a casual in accordance with an enterprise agreement.

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