If you are one of the multitude of casual workers in Australia who are rostered in advance and have regular shifts, the Federal Circuit Court has just ruled you could be entitled to annual leave, sick leave and other entitlements.
The decision
The decision of WorkPac Pty Ltd v Rossato [2020] FCAFC 84 focused on whether Mr Rossato was a casual employee under the definition of the Fair Work Act 2009 (Cth). First, the Court agreed with the judgement in WorkPac Pty Ltd v Skene [2018] FCAFC 131 (Skene’s Case). In Skene’s Case, the Court determined that ‘a casual employee is an employee who has no firm advance commitment from her or his employer to continuing and indefinite work according to an agreed pattern of work (the Firm Advance Commitment Test).
The Court determined that, generally, a Firm Advance Commitment is evident where there is:
- Continuing/ongoing employment;
- A pre-programmed/pre-allocated roster; and/or
- A maximum number of continuous shifts/hours that can be worked.
For further detail on WorkPac Pty Ltd v Rossato [2020] FCAFC 84 read our article through this link that breaks down the decision.
Key takeaways
The decision has confirmed the position that casual employees who receive casual loadings may still accrue statutory benefits such as annual leave and personal leave if the employee’s working arrangement included a firm advance commitment as to the duration of the employee’s employment or the days/hours the employee will work.
Put simply, if your boss sets your hour (i.e. you are rostered on and off) and this happens in advance and you are expected to take the shifts, then you may be entitled to leave and other benefits.
Get in touch
If you are employed as a casual and you believe you may be entitled to other benefits, such as leave, call us on (02) 9199 8597 for a confidential and no-obligation chat to confirm your position, and for assistance making a claim for these additional entitlements. If you would rather get in contact through email, send your question through to wehelp@jfmlaw.com.au.
The information contained in this post is current at the date of editing – 1 December 2023.
