Recorded Webinar: The Hidden Costs of the Casualised Workforce Following WorkPac v Skene

Employees often see casual staff as an appealing way to manage busy periods and increase flexibility in the workplace. However, the recent Federal Court decision of WorkPac Pty Ltd v Skene has highlighted the significant risks, with the Court finding that an employer was on the hook for a worker’s annual leave entitlements. In this ever-shifting landscape, it has never been more important for employers to review their employment contracts and to understand who in their workplace is truly casual. This session examines the key lessons from WorkPac Pty Ltd v Skene, as well as the practical implications of casual conversion clauses in modern awards. It covers:

• Lessons from WorkPac Pty Ltd v Skene [2018] FCAFC 131:
  • correctly defining employees – the relevant factors
  • annual leave entitlements
  • can the casual loading be repaid to the employer?
• Long term casual employees – rights and entitlements under the Fair Work Act
• What is casual conversion?
• Roll out of casual conversion clauses in modern awards
• When does an employee have the right to request a casual conversion?
• What factors should employers take into account? Regular and systematic employment
• What does the employer need to disclose to casual employees? The Fair Work Information Statement and National Employment Scheme
• Consequences for an employer if there is a shift from casual to permanent
• What if an employee does not wish to convert?
• Failing to convert – what are the risks?