Federal Court Reinforces Need for Express Contractual Terms
February 19, 2026
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Recently, the Full Court of the Federal Court of Australia issued its decision in the matter of WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato), a decision which sent shockwaves across businesses in Australia in relation to the engagement of casual workers.
In Rossato, the Full Court made several key determinations:
- Firstly, that Mr Rossato was not a casual employee because both WorkPac and Rossato “had agreed on employment of indefinite duration which was stable, regular and predictable”;
- Secondly, Mr Rosatto was, as a consequence of being a full-time employee, entitled to benefits under the National Employment Standards (under the Fair Work Act 2009), including paid annual leave, paid personal leave, paid compassionate leave and payment for public holidays (the FWA Entitlements)
- Third, that WorkPac was not entitled to bring into account the payments it had made to Mr Rossato on the basis that he was a casual employee because “the purposes of those payments did not have a close correlation to the FWA Entitlements Rossato was seeking”.
The question of whether an employee is, according to law, a casual employee or a permanent employee called by a different label has plagued employers for decades. In many senses, the Full Court decision does not raise any new principles on this particular area of law.
Ultimately, the Courts will always look to the nature of the relationship as the deciding factor. Thus if you engage a person and call them a casual, but employ them indefinitely and on a regular, systematic and predictable manner, it is likely that a Court will determine that the employee is permanent and not a casual. In such circumstances the employee will then be entitled to the benefits associated with being a permanent employee.
In our view, the decision in Rossato reinforces the importance of considering the employer’s labour needs prior to the engagement of any additional staff, and also in ensuring that the engagement is reflected in a written contract of employment, which clearly and precisely sets out (amongst other things) the nature of the engagement, the expectations of the employer and the remuneration to be paid.
It is also important to ensure that where a casual loading is paid to a casual employee, the amount of the loading is stated in the contract and reference is made as to which entitlements the loading is being paid in lieu of.
Where additional staff are required but there is uncertainty as to the hours of work required or the duration of the engagement, employers should also consider whether it would be appropriate to engage the employee for a set period of time, for a particular task, or for a particular season, or a combination of these.
Finally, if you have engaged a “casual” employee and that person has had regular and systematic employment for a lengthy duration, and has an expectation that the employment will continue indefinitely, you should seriously consider whether that engagement should be converted to permanent employment.
If you need assistance with your employment contracts, or seek further information in relation to your legal rights and responsibilities, or assistance with COVID-19 related matters, please contact us on (08) 9321 5451 or by email at brian@bailiwicklegal.com.au.
The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on this information.
Bailiwick Legal has been honoured to support Forever Wild over the past few years as they delivered one of the most significant conservation land acquisition programs undertaken in Western Australia. Our team assisted Forever Wild with the strategic purchase of four pastoral stations, Narndee , Boodanoo , Meeline and Challa , transactions that now connect three State Reserves and protect more than 12,000 square kilometres of land. To put that scale into perspective, the combined area is approximately five times the size of the ACT and nearly one-fifth the size of Tasmania . Navigating complexity at scale These were not straightforward property transactions. Each acquisition involved: Multiple pastoral leases Layered regulatory and approval pathways Significant operational and on-ground assets Numerous stakeholders across government, industry and land management Our role was to guide Forever Wild through this complexity with clarity, precision and confidence, ensuring each transaction progressed efficiently while managing risk and safeguarding long-term objectives. “ Forever Wild is creating a world-leading model for nature funding that demonstrates we can manage viable, working pastoral stations whilst also restoring and protecting local ecological flora and fauna, and engaging and supporting Indigenous people and local communities. Complex & challenging, but this initiative could literally change the world .” Jessica Brunner - Director, Bailiwick Legal A growing and evolving legal landscape Large-scale conservation acquisitions sit within an emerging and increasingly complex legal field , intersecting land tenure, pastoral regulation, environmental frameworks and commercial considerations. These matters demand a deep understanding of both the legal mechanics and the practical realities of operating in regional and remote Australia. Our team’s experience in agribusiness, pastoral land transactions and regulatory approvals allowed us to support Forever Wild at every stage, from strategic structuring through to completion. Proud to support leadership in nature finance Forever Wild is widely recognised as an industry leader and a steadfast advocate for nature finance initiatives , helping pave the way for greater accessibility and innovation in conservation funding and land stewardship. We are proud to have contributed our relationships, expertise and practical legal insight to help Forever Wild achieve its vision, and to have played a role, however small, in shaping a groundbreaking future for conservation in Australia. At Bailiwick Legal, we value the opportunity to work alongside organisations that are thinking long-term, acting boldly, and creating outcomes that extend well beyond the transaction itself. For assistance with all of your agribusiness needs, contact Bailiwick Legal on 08 9321 5451 or email office@bailiwicklegal.com.au For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.
Bailiwick Legal Advises on Landmark Acquisition of Rawlinna Station by Consolidated Pastoral Company
Bailiwick Legal is proud to have acted for Consolidated Pastoral Company (CPC) in its successful acquisition of Rawlinna Station , Australia’s largest sheep station, located on the remote Nullarbor Plain in Western Australia. Spanning over 1 million hectares and running approximately 30,000 sheep , Rawlinna is an iconic pastoral asset with a rich legacy, having been held by the MacLachlan family’s Jumbuck Pastoral Company since its establishment in 1962. The sale marks the first change of ownership in over six decades and was finalised following formal approval from the Western Australian Government for the transfer of the pastoral leases. This transaction involved navigating: The transfer of three separate pastoral leases Coordination across multiple vendor entities Consideration of livestock and operating assets Fulfilment of regulatory and compliance requirements, including WA lease approval processes Bailiwick Legal is a boutique agricultural and regional law firm , proudly based in Perth and Bridgetown, Western Australia. Our role in this acquisition demonstrates that deep sector knowledge, local insight, and personalised legal support are crucial for agribusiness clients managing complex, high-value transactions. Our team, led by our regionally-based solicitor, Matilda Lloyd, provided end-to-end legal and strategic support, including: Due diligence on land tenure and operating assets Contract negotiation and preparation Advice on regulatory approvals and compliance Strategic coordination with CPC’s internal and external stakeholders to ensure a smooth and timely settlement We are honoured to have supported CPC in this milestone acquisition and look forward to watching Rawlinna’s next chapter unfolds. At Bailiwick Legal, we believe that regional expertise, deep industry knowledge, and relationship-based service remain essential to agribusiness success, no matter the scale. Congratulations to all parties involved, including the MacLachlan family, whose stewardship of Rawlinna leaves a lasting legacy in Australian agriculture. – The Bailiwick Legal Team Working alongside agribusinesses to grow, transition, and thrive . For assistance with all of your agribusiness needs, contact Bailiwick Legal on 08 9321 5451 or email office@bailiwicklegal.com.au By Matilda Lloyd (Associate) For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.
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