The High Court of Australia has delivered its landmark decision about casual employment.
The seven Justices unanimously allowed WorkPac’s appeal from the Full Federal Court’s decision, ruling that Mr Rossato was a casual employee. The High Court’s decision emphasises the primacy of the contract in determining the status of the employment relationship and clarifies the meaning of casual employment.
Bridget O’Brien of North Quarter Lane Chambers appeared with John McKenna QC for the second respondent, instructed by MinterEllison.
The judgment summary is available here
The reasons for judgment are available here