Workpac Pty Ltd v Rossato

The High Court of Australia considered an appeal by WorkPac Pty Ltd against a decision concerning the employment status of Mr Rossato. The dispute centred on whether Mr Rossato, engaged by WorkPac under a series of contracts for specific assignments, was a casual employee or another form of employee entitled to statutory entitlements such as annual leave and personal/carer's leave. Mr Rossato had been paid a casual loading but argued that the nature of his work, which followed a fixed roster and involved a regular pattern of shifts, meant he was not genuinely a casual employee.

The central legal issue before the High Court was to determine the meaning of "casual employee" under the Fair Work Act 2009 (Cth) as it stood at the time of the dispute, in the absence of a statutory definition. Specifically, the Court had to ascertain whether there was a "firm advance commitment" to an ongoing working relationship between WorkPac and Mr Rossato, or a commitment to a particular duration of employment or specific working days and hours, which would indicate he was not a casual employee. The Court also considered whether the terms of the employment contracts and the applicable enterprise agreement categorised Mr Rossato as a casual employee.

The High Court allowed the appeal, reasoning that the express terms of the contracts between WorkPac and Mr Rossato were inconsistent with a mutual commitment to an ongoing working relationship after the completion of each assignment. While Mr Rossato's work exhibited regularity and consistency due to the employer's rosters, this did not establish a commitment to an ongoing relationship between the parties beyond each individual assignment. The Court concluded that, based on the contractual arrangements, Mr Rossato was engaged as a casual employee for each assignment. Consequently, the High Court set aside the orders of the Federal Court and declared that Mr Rossato was a casual employee for the purposes of the Fair Work Act and a "Casual Field Team Member" under the relevant enterprise agreement.