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Last month we reported to Members on the Full Federal Court decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato Decision). The Rossato Decision sent shockwaves amongst employer groups as the Federal Court reconfirmed that casual employees who work regular and systematic hours with a “firm advance commitment” of work are more likely considered permanent employees, than casuals. This was despite the employee being contractually classified as a casual employee and paid a casual loading.
The decision meant, Mr Rossato, who was engaged as a casual employee was entitled to claim, and be paid entitlements to annual leave, personal/carer’s leave and compassionate leave as contained in the Fair Work Act 2009 (Cth).
At the time of the decision the Federal Attorney General and Minister of Industrial Relations said “what appears fairly obvious on the face of the decision is that it has immediate practical implications for the bottom line of many Australian businesses at a time when so many have taken a huge hit from the COVID-19 pandemic.”
The Rossato Decision has the potential implications to Australian businesses of billions of dollars’ worth of backpay claims from casual employees claiming leave entitlements.
This week Workpac confirmed that they have sought leave to appeal the ruling in the Rossato Decision to the High Court.
The Federal Government have also confirmed that they will be intervening in the appeal to the High Court.
We will keep Members informed of the progress of this appeal.
