- Published:
- Wednesday, 4 August 2021 at 7:08 am
The High Court released its long-awaited decision in WorkPac Pty Ltd v Rossato [2021] HCA 23. In the decision, the High Court unanimously overturned a decision of the Full Federal Court in finding that a coal mine worker and WorkPac employee, Robert Rossato, was a casual employee.
The plurality held that the express terms of Mr Rossato's employment contract were 'distinctly inconsistent' with the existence of a mutual commitment to an ongoing working relationship. The features of regularity and consistency in Mr Rossato's rostered work were not sufficient to establish a commitment to an ongoing working relationship after each work assignment ended.
Justice Gageler agreed that the terms of Mr Rossato's employment contracts did not require WorkPac to continue the employment relationship beyond the completion of each assignment and that there was therefore no 'firm advance commitment' by WorkPac to the indefinite continuation of Mr Rossato's employment.
As a result, Mr Rossato was not entitled to paid leave and public holiday entitlements that are owed to permanent employees under the Fair Work Act 2009 and his applicable enterprise agreement.
Read the decision and the High Court's summary of the decision.
Updated