WorkPac loses Federal Court full court case against Robert Rossato

Casual Workers

Source: SBS

The ruling found people on casual contracts working "regular, certain, continuing, constant and predictable" hours are entitled to paid leave benefits.


The Federal Court found casual staff working predictable hours with a firm advanced commitment did not meet the definition of casuals and, therefore, were entitled to annual leave, sick leave and carer's leave.

The Federal Court case was brought by coal mine worker Robert Rossato who successfully argued his three-and-a-half year stint with labour company WorkPac was a permanent role disguised as casual work.

Mr Rossato worked on six different contracts at Glencore mines on a casual contract, at one point working 12-hour shifts for seven days straight followed by seven days off.

Justice Mordecai Bromberg said that pattern constituted "regular, certain, continuing, constant and predictable" work, rendering the nature of his employment permanent, not casual.

Today, we will take a look at Australian labor law with Kenneth Hong, a principal of H & H Lawyers


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