NAT 042/20: Another problematic Federal Court decision on casual employment:

On 20 May, the Full Federal Court handed down another problematic decision on casual employment. In the WorkPac v Rossato case, the Court has held that the employee in question was entitled to annual leave payments.

The Court reached this conclusion despite the fact that Mr Rossato was engaged under a written contract that stated he was a casual employee and that he was paid a casual loaded rate under the relevant enterprise agreement.

Ai Group is working hard to protect the interests of Members, and to preserve essential flexibility. On 21 May, Ai Group wrote to the Prime Minister, the Attorney-General and the Treasurer seeking urgent legislative amendments to address the Federal Court’s decision and seeking that the Government pursue an appeal against the decision in the High Court. Discussions with the Government on the issues are continuing.