Tag archives: casual employees

FIFO worker engaged as a casual entitled to annual leave

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 claims by employees who are engaged as casuals but work regular and consistent hours.… Continue Reading

“Casual” employee awarded 15 years of annual leave

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 employee, was in fact permanent and was owed a payment in lieu of notice and 15 years’ worth of annual leave payments.

The case very much turns on its facts, which are, in summary:-

  • There was no written contract of employment or written terms setting
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When is a true casual employee not a true casual?

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 in the relevant enterprise agreement or modern award, and not according to principles in the general law.

In Telum Civil (Qld) Pty Limited v Construction, Forestry, Mining and Energy Union [2013] FWCFB 2434 (Telum) the Commission considered whether the employees … Continue Reading

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