Is my Casual Employee a Casual Employee? A look into WorkPac Pty Ltd v Skene
February 19, 2026
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His contract described him as a casual employee, however ...
There are significant implications relating to an employee’s entitlements when considering whether the employee is a casual or permanent employee. Rights such as notice of termination and paid leave entitlements will differ depending on the determination of that question.
In WorkPac Pty Ltd v Skene
[2018] FCAFC 131 (16 August 2018) Mr Skene was engaged as a “casual or fixed term employee” under the terms of the Workpac Pty Ltd Mining Industry Workplace Agreement. He worked 12.5 hours a shift with permanent accommodation provided and regular and predictable working hours. His employment was continuous and he did not elect the days he worked.
Some time after his employment ended, Mr Skene claimed that he was not a casual employee and was entitled to annual leave benefits, as part of the National Employment Standards under the Fair Work Act.
At trial, the Court found that Mr Skene was a casual employee for the purposes of the Workplace Agreement, but that, as a matter of law, he was not a casual for the purposes of the Fair Work Act and was therefore entitled to be paid annual leave benefits. This decision was disturbed on appeal.
The Court’s decision that Mr Skene was not a casual employee (for the purposes of the Act) included the factors referred to above, ie that he was provided with a roster twelve months in advance, had regular and predictable working hours, had continuous employment with an expectation that it would continue, did not elect the days he worked and was provided permanent accommodation.
The Court’s decision reflects a long line of authority, to the effect that it does not matter how the employer and employee view the relationship or what they might call themselves, the question as to whether or not a particular employee is a casual employee or a permanent employee (at least for the purposes of the annual leave entitlements under the NES) will be determined by the Court, as a matter of law, and based on all the factors of the employment.
In this case, the court also remarked that an employer may be able to claim a set-off against the amount owed to an employee who has successfully established an entitlement to annual leave (under the NES) if the employee has already been paid a casual loading. Workpac did not succeed in achieving this set off as in the agreement with Mr Skene, the “casual loading” was not distinguished within the hourly rate paid.
For employers, the case is a reminder of the necessity to properly manage the risks around employment. We at Bailiwick Legal can assist employers in this area, a brief checklist will likely include:
- distinguishing the casual loading in an employee’s contract and their pay advice;
- comparing the contract of employment with actual work practices; and
- considering a casual employee’s work patterns and expectations, and whether the employee really has the option of not working on any day.
Employers covered by federal modern awards will also need to consider the effect of the new award provisions which provide a right for longer term, regular casual employees to request a “transfer” to permanent status.
If you would like further information on the above case and its potential impact on your business, or assistance generally in employment matters, please contact us on (08) 9321 5451 or by email at phil@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 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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