Court clarifies casual-employment rules

The Australian Securities & Investments Commission has issued an FAQ on accounting implications of clarified casual-employment rules.

ASIC urged companies to consider whether they should provide for additional employee entitlements (including annual leave, personal and carer’s leave, compassionate leave, public-holiday pay, and redundancy payments) for past and present ‘casual employees’ who were employed in circumstances covered by the recent WorkPac Pty Ltd v Rossato [2020] FCAFC 84 decision.

The decision failed to allow an offset for any casual loading paid.  While no provision would be required for ‘casual employees’ unaffected by it, a provision or contingent liability may be required for ‘casual employees’ employed in circumstances that were not clearly covered by it. Companies may wish to seek legal advice.

CPA Australia has collaborated with CA ANZ and the Australian Institute of Company Directors to develop and publish a guide to provide further guidance and background.

Download the report from CPA Australia.