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Australia contract characterisationfair work act

WorkPac Pty Ltd v Rossato

(2021) 271 CLR 456
JurisdictionAustralia
CourtHigh Court of Australia
Year2021
StatusBinding authority

Key Principle

Whether a worker is a casual employee is determined by the legal rights and obligations agreed in the binding terms of the employment contract, not by the subsequent conduct of the parties or by a regular and systematic pattern of work; a casual is one engaged without a firm advance commitment to continuing and indefinite work.

Area of Law

employment

Related Cases

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 275 CLR 165
ZG Operations Australia Pty Ltd v Jamsek (2022) 275 CLR 254
Mondelez Australia Pty Ltd v Automotive Food Metals Engineering Printing and Kindred Industries Union (2020) 271 CLR 23

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