No casual matter: Federal Court increases scope for ‘casual’ employees to claim leave entitlements

On 22 May 2020, in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 , the Full Court of the Federal Court further examined the meaning of casual employment, following its earlier decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131. The Court also examined whether an employer could set off a casual loading paid to an employee against liabilities to pay leave entitlements and also determined that an employer could not ‘claim back’ the casual loading paid to such an employee. Whilst many employers of casual employees will have serious concerns in light of this decision, including about class actions for leave entitlements, there may be an opportunity to consider whether structural changes to employee engagements could create more advantageous outcomes for both employers and employees. As outlined in more detail at the conclusion of this article, we suggest employers consider taking early action to remedy any problems with…