Casuals who have “regular, certain, continuing, constant and predictable” employment may be considered Permanent Employees and be entitled to back-pay for leave according to a Federal Court ruling in May 2020.

A mining company – who employed a casual worker who had completed regular shifts over three years – was ordered to pay unpaid annual leave, personal leave, compassionate leave and public holiday payments. This was on top of the usual 25% loading for casual employees.

The decision as to whether this will apply to all employers of casual workers in the same position now lies with the Federal Government.

If you employ casual workers, you will need to assess your position in the event of legislation changes.