Appeal over back paying casuals leave granted

The Federal Court ruled in May ‘casuals’ who worked regular shifts and had an understanding of continued employment were not casuals, and were therefore entitled to paid annual, sick and other forms of leave.

The Australian Industry Group said the ruling caused uncertainty for businesses in an economy already struggling due to COVID-19. “With more than half a million casual jobs lost since March, any barrier to casuals being re-employed is not in the interests of employees or employers.”Attorney-General Christian Porter, who intervened in support of WorkPac’s application, has also backed the development.

“Post-the decision, the employment status of over 2 million workers in Australia is accompanied by an unreasonable and unhelpful degree of doubt,” he said in September.But CFMMEU mining and energy general president Tony Maher claimed the cost to business had been “hysterically exaggerated” and the granting of an appeal would delay justice.

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