Warren and Secretary, Department of Jobs and Small Business

The applicant, Mr Warren, brought proceedings against the Secretary of the Department of Jobs and Small Business concerning employment entitlements. The dispute arose from the applicant's termination of employment, where he claimed entitlement to annual leave, payment in lieu of notice, and redundancy pay. The core of the disagreement centred on whether payments described as "casual loading" made during his employment could be offset against his National Employment Standards entitlements, given that his contract purported to classify him as a casual employee despite his actual full-time permanent employment. The matter was heard by Deputy B W Rayment Oam Qc P.

The legal issues before the court were whether the applicant, employed on a full-time permanent basis but under a contract that designated him as casual, was entitled to statutory entitlements including annual leave, payment in lieu of notice, and redundancy pay upon termination. A further issue was whether the "casual loading" payments made during his employment could be offset against these entitlements, particularly in light of the inconsistency between his contract of employment and the provisions of the *Fair Work Act 2009* (Cth) and the relevant award.

The court considered the provisions of the *Fair Entitlements Guarantee Act 2012* (Cth), specifically section 19, which addresses the payment of monetary entitlements. While acknowledging that award provisions for annual leave might have purposes beyond mere monetary value, the critical consideration under section 19 was whether the monetary entitlement itself had been paid. The court found that the reviewable decision was affected by an error and therefore set it aside. The matter was remitted to the respondent for reconsideration in accordance with the court's reasons.