In the case of WorkPac Pty Ltd [2018] FCAFC 131, the Australian Full Court of the Federal Court upheld a decision that an employee engaged as a casual worker and described as such but working a regular roster is a permanent employee. Accordingly the worker is entitled to annual leave under the Fair Work Act 2009 (Cth) and under the enterprise agreement. Just because an employee is described as a casual worker does not mean the employee will necessarily be a casual worker.

In this interview with Chris Carpenter from Hills Radio 88.9FM, Johnston Withers Senior Lawyer, Holly Gardner answers the below questions:

1. What is a casual worker?
2. What is the percentage of casual workers currently employed in the Australian Workforce?
3. What industries in Australia have the highest number of casuals?
4. Is that percentage of casual workers in the Australian Workforce likely to change?
5. What is the reason for the uncertainty?
6. Tell me about the facts of Skene case?
7. Why did Skene take the matter to Court?
8. What findings did the Federal Court make?
9. What did Skene receive as a payout from the Court?
10. Are there any penalties for the employer?
11. What does this mean for employers generally?
12. Can employers or casuals, convert the position of a casual to one of a permanent employee?

At Johnston Withers Lawyers we recognise the importance of a good working relationship for employees, employers and their families and often use our mediation skills and experience to reach a mutually satisfactory outcome.

Working across a range of matters, we can advise you in relation to:
• unfair dismissal,
• employment contracts,
• disciplinary proceedings,
• bullying and harassment at work, and
• wages and employment entitlement claims in the Industrial Court.

You can contact us on (08) 8231 1110 or via www.johnstonwithers.com.au

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