Co-authored by Lara So On 24 July 2023, Industrial Relations Minister, The Hon Tony Burke MP, announced that the Australian Government will reform the definition
In the past few months, there has been a flurry of activity, discussion and legal changes in relation to casual employees. If you have “casual” employees working on a regular and systematic basis, they may in fact actually be permanent employees entitled to annual leave and other entitlements. This means you may have a substantial back pay issue.
The decision handed down in the case of WorkPac Pty Ltd v Skene [2018] FCAFC 131 reasserts the traditional view that you cannot convert an employee who is really a regular full, or part-time employee into a casual simply by calling the employee ‘casual’. Employers must look at the actual facts of the employment relationship in deciding what the real nature of the relationship is.
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