In Rossato, Workpac (the same employer as in Skene) was found to owe a casual employee permanent employee entitlements (annual leave, sick leave, long service leave, and other amounts.) When considering all of the circumstances, Rossato’s employment was akin to a permanent employee. This confirmed the earlier Skene decision.
The Court held that Workpac could not off-set additional amounts paid in lieu of permanent employee entitlements as those amounts did not appear as separate amounts on Rossato’s payslips. Employers with a casual workforce must review the conditions of their casual employees’ employment to ensure that:
1. They know that they are able to decline shifts without adverse consequences.
2. They do not work regular, certain, continuous, and ongoing rosters some weeks into the future – i.e. working days and shifts should change regularly.
3. Payslips should separately describe ordinary hourly rates from allowances or loadings.
Don’t pay higher contractor or casual rates and later find out that the person was a deemed/permanent employee as you will then have to pay permanent employee entitlements such as annual leave, sick leave, long service leave, superannuation, PAYG, or workers compensation premiums. Contact the team at Access Law Group for advice tailored to your circumstances.