On 20 May, the full Federal Court has reached a decision in the matter of WorkPac v Rossato, which presented an opportunity to reverse or confirm the position on the classification of casual employees reached in the earlier case of WorkPac v Skene.

Regrettably, the Federal Court’s decision effectively confirms (and probably expands upon) the position on casual employment in Skene, enabling employees who can demonstrate that they were working fixed, regular shifts to retroactively claim full time leave and entitlements despite having received loading under the understanding that they were casual employees.

This opens up the worrying potential for many such employees to effectively ‘double-dip’ on entitlements.

In order to help producers navigate the immediate consequences of the decision, the National Farmers’ Federation has produced a guidance document listing precautionary steps that employers should take in order to avoid facing a similar situation to WorkPac in Skene and Rossato.

View a guidance document from the NFF here.

AUSVEG also sought advice at the request of its State Members to get some detailed grower advice.

AUSVEG has engaged with HR Global Solutions, for details please view this document.