Factual Background. WorkPac operated a labour
hire business which employed Mr Skene as a dump-truck operator. Mr
Skene was provided with a "Notice of Offer of Casual
Employment" and executed a document titled "Casual or
Fixed Term Employee Terms & Conditions of Employment". He
was firstly employed at Anglo Coal. Subsequently, he was placed at
Rio Tinto's Clermont mine, where his hours were 12.5 hours per
shift, seven days on, seven days off. He was provided with a
12-month roster in advance and worked in accordance with his
roster. This case concerned whether or not Mr Skene was a casual
employee.
Legal Background. The Full Court in
Hamzy v Tricon International Restaurants t/a KFC
(2001) 115 FCR 78 considered that the predominant and essential
indicator of casual employment is the "absence of a firm
advance commitment as to the duration of the employee's
employment or the days (or hours) the employee will work". The
key indicators of an "absence of firm advance
