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Federal Court Decision on Casual Employment

Last week, the Full Federal court laid down a judgement that may have some affect on casual employment for employers.

The basis of the decision was that if a person has regular and predicable patterns of work under an award or enterprise agreement, they are likely to be considered a permanent employee.  Further, regardless of what appears in "writing" regarding the decision, it is the actual manner in which employment is structured that dictates whether the employee is permanent and casual.  Employees could even start as casuals and, based on how the employment characteristics evolve, they may become permanent - regardless of what the paperwork says.

More about this decision can be read at Workpac Pty Ltd v Skene (2018).

If it is the case that "casual employees" could be "permanent employees", this may result in claims from employees in regards to entitlements such as annual leave and personal leave.

If you have any questions regarding this decision, or any questions on how to address issues that may arise for your business because of it - please contact us

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