FIFO worker engaged as a casual entitled to annual leave

By Martin Osborne and Amy Leonard on September 13, 2018 Posted in Asia Pacific, Australia

A FIFO worker who was purportedly engaged as a “casual” under an enterprise agreement has successfully claimed an entitlement to annual leave under both the National Employment Standards (NES) and the terms of the enterprise agreement. The full Federal Court decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131 opens the way for further … Continue reading

“Casual” employee awarded 15 years of annual leave

By Global Workplace Insider Team on February 23, 2018 Posted in Asia Pacific, Australia, Contracts

The recent case of Apostolides v Mantina Earthmovers & Constructions Pty Ltd [2018] FCCA 279 serves as a useful reminder to ensure that your organisation’s award or agreement covered casual employees are “engaged and paid as such”. In this case the Federal Circuit Court determined that an employee whom the employer purported was a casual … Continue reading

When is a true casual employee not a true casual?

By guestauthor on May 9, 2013 Posted in Australia

In an important decision that effectively reverses how employers assess whether their award or agreement covered employees are ‘true’ casual employees under the Fair Work Act 2009 (FW Act), the Full Bench of the Fair Work Commission (the Commission) has held that the characterisation of “casual employee” should be solely based on the specific definition … Continue reading