WorkPac appeal – High Court to review casual employee entitlements

The definition of casual employment is currently a hot topic, and ensuring casual employees are engaged on a basis which will prevent them from being able to later claim for permanent employee entitlements is front and centre in employers’ minds.

The decision in Skene and Rossato, further complicated employers’ understanding of the nature of a casual engagement. Also, employers were confused when the Full Federal Court in Rossato did not allow WorkPac to offset Rossato’s permanent employment entitlements against the casual loading paid to him.

However, on 26 November 2020, the High Court granted WorkPac special leave to challenge the decision by the Full Federal Court in Rossato. This means the High Court of Australia now has the ability to overturn the current law pertaining to casual employment. This is important as it will provide final clarification about the meaning of casual employment and casual employee entitlements.

The potential cost of the Rossato decision on employers could amount to over $14 billion, meaning the High Court’s special leave to appeal this decision is quite significant.

It is not yet known when the appeal will be heard.

Have a question about casual employment? Contact the team at FCB Group.