18 Jun WORKPAC SEEKS LEAVE TO APPEAL ROSSATO DECISION TO THE HIGH COURT

WorkPac has sought special leave to appeal the Rossato decision handed down last month to the High Court.  We have summarised this decision in our previous article which can be accessed here: https://www.hrlawyers.com.au/trouble-for-employers-as-decision-confirms-casual-double-dipping/.

WorkPac said that the ruling if not changed “would overturn the commonly accepted understanding of casual employment in Australia, where employees receive a higher rate of pay in lieu of leave entitlements“, while exposing “tens of thousands of Australian businesses to double dipping backpay claims for up to six years“.

IR Minister Christian Porter yesterday also confirmed the Government would intervene, noting the case has created “confusion and uncertainty . . . during a period where businesses are facing their greatest ever challenge” and that “given the potential for this decision to further weaken the economy at a time when so many Australians have lost their jobs, it may also be necessary to consider legislative options“.

We will keep you up to date on any further updates relating to the decision.