WorkPac Pty Ltd v. Rossato & Ors

Lower Court Judgment

20/05/2020 Federal Court of Australia (Bromberg, White & Wheelahan JJ)

[2020] FCAFC 84

Catchwords

Industrial law – Characterisation as “casual employee” – Restitution – Where Fair Work Act 2009 (Cth) contains National Employment Standards (NES) – Where NES provide that permanent employees entitled to certain leave entitlements – Where first respondent employed under contract describing him as “casual employee” – Where first respondent employed for indefinite period with regular and predictable shifts – Where first respondent’s hours set far in advance and where he was not given option to elect not to work particular shifts – Where first respondent paid casual loading in lieu of leave entitlements – Where applicant sought declarations that respondent not entitled to leave – Where Full Court of Federal Court dismissed application – Whether respondent is a “casual employee” for the purposes of Fair Work Act or enterprise agreement – If not, whether applicant is entitled to apply casual loading paid to first respondent in satisfaction of his leave entitlements by way of set-off, restitution or by reg 2.03A of Fair Work Regulations 2009 (Cth).