Skene v WorkPac Pty Ltd

The Federal Court of Australia considered a dispute between Ms. Skene and WorkPac Pty Ltd concerning the characterisation of Ms. Skene's employment. Ms. Skene had been engaged by WorkPac as a casual employee, but she contended that her employment was, in reality, permanent. This mischaracterisation, she argued, had implications for her entitlement to compensation.

The central legal issue before the court was whether Ms. Skene was entitled to compensation, and if so, whether that compensation should be assessed under the terms of a Workplace Agreement or pursuant to section 87 of the *Fair Work Act 2009* (Cth). The court was required to determine the correct basis for calculating any compensation payable to Ms. Skene, given the alleged misclassification of her employment status.

Justice Egan found that the compensation payable to Ms. Skene was to be determined in accordance with the provisions of the relevant Workplace Agreement. The court applied principles of contract law and industrial law to assess the nature of the employment relationship and the entitlements arising from it. A low-range penalty was imposed on WorkPac, reflecting the specific circumstances of the case.