by Jackson Downer | Oct 25, 2023 | Casual employees
In this week’s article we look at the question of whether you can change the status of an employee’s employment such as from full-time or part-time to casual. This was the subject of a recent decision of the Fair Work Commission which we discuss further below. Why...
by Simon Obee | Aug 16, 2023 | Casual employees, Independent Contractors
In the recent case of Salim v AFA Sheetmetal Components Pty Ltd [2023] FWC 1834 before the Fair Work Commission (FWC), it was found that an unskilled labourer was in reality a casual employee rather than an independent contractor, despite the fact that he had an ABN,...
by Jenny Park | May 12, 2021 | Casual employees, Fair Work Act, Fair Work Commission, Redundancy
Significant changes concerning casual employment were recently introduced to the Fair Work Act 2009 (Cth) (Act) as part of the Federal Government’s plan to assist with the impact of COVID-19 on the economy. The amendments were introduced under the Fair Work Amendment...
by Simon Obee | Dec 3, 2020 | Casual employees, Leave
Last week the High Court granted labour hire company WorkPac special leave to appeal the full Federal Court’s decision in WorkPac Pty Ltd v Rossato concerning the meaning of casual employment. Case recap; WorkPac Pty Ltd v Rossato [2020] FCAFC As we...
by Simon Obee | May 25, 2020 | Casual employees, Employment Law
A recent court decision which has been receiving a huge amount of – somewhat misleading – publicity is that of WorkPac Pty Ltd v Rossato [2020] FCAFC 84, handed down on 21 May 2020. Whilst many commentators have discussed the case under headlines claiming...
by Brandon Turner | Mar 3, 2020 | Casual employees, Employment Law, Fair Work Act
The general protections provisions of the Fair Work Act 2009 (Cth) (‘the FW Act’) “protects employees and prospective employees from adverse action by their employer or prospective employer”. Specifically, Section 351 prohibits employers from...