FEDERAL OF AUSTRALIA WorkPac Pty Ltd v Skene [2018] FCAFC 131 Appeal from: [2016] FCCA 3035 Skene v Workpac Pty Ltd [2017] FCCA 525 Skene v WorkPac Pty Ltd (No 2) File numbers: QUD 157 of 2017 QUD 195 of 2017 Judges: TRACEY, BROMBERG AND RANGIAH JJ Date of judgment: 16 August 2018 Catchwords: National Employment Standards INDUSTRIAL LAW – – entitlement to annual leave in Div 6 of Pt 2-2 of the Fair (Cth) (“FW Act”) s 86 of the FW Act Work Act 2009 – which provides that Div 6 to employees, other than “applies casual employees” meaning of casual employee in s 86 of – the FW Act whether employee’s claim for annual leave – excluded because the employee was a casual employee within the meaning of s 86 employee” has –whether “casual its legal meaning or an asserted specialised industrial meaning, namely, a person designated to be such an employee by the applicable industrial instrument – discussion of meaning of the term employee” “casual – discussion of whether there is a uniformly understood specialised meaning of the expression employee” “casual referable to the use of that term in industrial awards – where asserted specialised meaning would provide incomplete meaning to the expression employee” “casual because does not address free “award/agreement employees” whether undefined single expression intended – to have a dual or compound meaning discussion of the – statutory context and purpose of paid annual leave as provided for under the National Employment Standards – discussion of the historical statutory application and judicial consideration of the term employee” whether the “casual – term employee” has acquired a legal meaning - “casual discussion of the interaction between the National Employment Standards and a modern award or an enterprise agreement consideration of the expression – term casual employee” as defined in s 12 of the FW “long Act whether employment a regular… basis” means – “on constancy of work or regularity of hiring whether regular – employment is necessarily inconsistent with the characterisation of the employment as casual discussion – of the indicia of casual employment whether indicia –
FEDERAL OF AUSTRALIA WorkPac Pty Ltd v Skene [2018] FCAFC 131 Appeal from: Skene v Workpac Pty Ltd [2016] FCCA 3035 Skene v WorkPac Pty Ltd (No 2) [2017] FCCA 525 File numbers: QUD 157 of 2017 QUD 195 of 2017 Judges: TRACEY, BROMBERG AND RANGIAH JJ Date of judgment: 16 August 2018 Catchwords: INDUSTRIAL LAW – National Employment Standards – entitlement to annual leave in Div 6 of Pt 2-2 of the Fair Work Act 2009 (Cth) (“FW Act”) – s 86 of the FW Act which provides that Div 6 “applies to employees, other than casual employees” – meaning of casual employee in s 86 of the FW Act – whether employee’s claim for annual leave excluded because the employee was a casual employee within the meaning of s 86 –whether “casual employee” has its legal meaning or an asserted specialised industrial meaning, namely, a person designated to be such an employee by the applicable industrial instrument – discussion of meaning of the term “casual employee” – discussion of whether there is a uniformly understood specialised meaning of the expression “casual employee” referable to the use of that term in industrial awards – where asserted specialised meaning would provide incomplete meaning to the expression “casual employee” because does not address “award/agreement free employees” – whether undefined single expression intended to have a dual or compound meaning – discussion of the statutory context and purpose of paid annual leave as provided for under the National Employment Standards – discussion of the historical statutory application and judicial consideration of the term “casual employee” – whether the term “casual employee” has acquired a legal meaning - discussion of the interaction between the National Employment Standards and a modern award or an enterprise agreement – consideration of the expression “long term casual employee” as defined in s 12 of the FW Act – whether employment “on a regular… basis” means constancy of work or regularity of hiring – whether regular employment is necessarily inconsistent with the characterisation of the employment as casual – discussion of the indicia of casual employment – whether indicia
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