Simpson and Secretary, Department of Employment

The Administrative Appeals Tribunal considered a claim by Mrs Simpson for an advance under the *Fair Entitlements Guarantee Act 2012* (Cth) in respect of unpaid annual leave, payment in lieu of notice, redundancy pay, and long service leave. The dispute arose after Mrs Simpson's employment with M&S Whelan Investments Pty Ltd ended, and she sought financial assistance from the Commonwealth due to the employer's insolvency. The Tribunal was required to determine whether Mrs Simpson was eligible for an advance for these entitlements, with a key issue being the interpretation of "casual employee" and its implications for her eligibility.

The Tribunal was tasked with determining the nature of Mrs Simpson's employment and, consequently, her eligibility for advances under the *Fair Entitlements Guarantee Act 2012*. Specifically, the court had to decide whether Mrs Simpson qualified as a "casual employee" for the purposes of the Act, and how this classification affected her claims for annual leave, payment in lieu of notice, redundancy pay, and long service leave. The central legal question revolved around whether the governing instrument for her employment entitled her to these specific entitlements, and if so, whether she was eligible for an advance from the Commonwealth.

The Tribunal affirmed the respondent's decision that Mrs Simpson was engaged as a temporary employee and was therefore not eligible for an advance in respect of annual leave, payment in lieu of notice, and redundancy pay. However, the Tribunal set aside the respondent's decision regarding long service leave. It substituted a new decision finding that Mrs Simpson was eligible for an advance in respect of long service leave and remitted the matter to the respondent to calculate the specific amount payable.