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WorkPac P/L v Rossato, Robert & Ors [2021] HCA 23

High Court of Australia
Kiefel CJ, Gageler, Gordon, Edelman, Gleeson JJ

WorkPac P/L v Rossato, Robert & Ors

Judgment Date: 
4 August 2021

INDUSTRIAL LAW (Cth) - Contract of employment - Nature of casual employment - Where first respondent employed by appellant labour-hire company under series of six employment contracts or "assignments" - Where first respondent treated as casual employee - Where first respondent not paid entitlements owed by employers to non-casual employees - Where first respondent claimed to have been other than a casual employee - Where first respondent's work pattern followed established shift structure fixed long in advance by roster - Where employment contract provided that employment was on "assignment-by-assignment basis" - Where employment contract provided that appellant under no obligation to offer first respondent further assignments - Whether there existed firm advance commitment as to duration of first respondent's employment or days (or hours) first respondent will work - Whether first respondent employed as casual employee.

WORDS AND PHRASES - "annual leave", "assignment-by-assignment basis", "binding contractual terms", "casual employee", "compassionate leave", "employment contract wholly in writing", "enterprise agreement", "firm advance commitment", "label", "mere expectation of continuing employment", "National Employment Standards", "nature of the employment relationship", "payment for public holidays", "personal/carer's leave", "post-contractual conduct", "regular and systematic basis", "roster".

Fair Work Act 2009 (Cth) - Pt 2-2.