CFMEU, truck driver to intervene in casual work test case

The man at the centre of a landmark casual pay case and the CFMEU want to intervene in a “test case” over what defines a casual worker.

Paul Skene, a FIFO dump truck driver, sought $27K in annual leave payments with the backing of the CFMEU after working as a casual for more than two years. Picture: The case went all the way to the Full federal court which said he is not a casual for purposes of Fair Work Act.

The mining union and a truck driver, Paul Skene, will seek to intervene in a Federal Court “test case” about casuals, following a similar move by Jobs and Industrial Relations Minister Kelly O’Dwyer.

The Federal Court is considering a new application by WorkPac, the company subject to a controversial court ruling on casuals.

WorkPac is seeking declarations that a former employee, Robert Rossato, was a casual employee and not entitled to be paid leave entitlements.

The move is in response to a full bench of the Federal Court finding in August that Mr Skene, a casual truck driver, was not a casual because of the regular and continu­ous nature of his work on a fixed roster, and was entitled to receive accrued annual leave pay.

Ms O’Dwyer has sought to intervene, arguing the government was very concerned the legal right to offset an obligation against payments already made for the same entitlements was not dealt with in the Skene judgment.

The Construction, Forestry, Maritime, Mining and Energy Union and Mr Skene said today they would also seek to intervene in the Rossato case.

CFMEU national president Tony Maher said the full Federal Court made a clear ruling that casual workers were entitled to paid leave if their work arrangements were, in practice, actually permanent.

“Rather than fix their dodgy employment practices and compensate workers wrongly classified as casual, WorkPac is seeking to undermine this judgment,’’ Mr Maher said.

“The Federal Government has flagged its intention to step in and back the interests of big mining and labour hire companies over casual workers. The rort of employing workers on ‘permanent casual’ arrangements is out of control in the mining industry and our union will keep standing up for permanent jobs.”

Mr Skene said his case was about getting justice for casual workers who were being exploited in the mining industry.

“Casual workers work side by side with permanent workers and do the same work with the same hours and rosters but get paid substantially less and have no job security. It’s a rip off,’’ he said.

“I don’t want to see companies and the government succeed in winding back rights for casual workers.”

The CFMEU has expressed concern that WorkPac is paying Mr Rossato’s legal costs.

A WorkPac spokesman said tonight it was “common practice for legal costs to be covered in test cases, and these arrangements were disclosed to the court upfront”.

“This is an attempt by the CFMEU to divert attention from the real issue of double dipping,’’ he said.

“Casual employees already receive a loaded wage to pay out their leave. The CFMEU wants casuals to be paid again on top of this already loaded wage.

“This double-dipping will be unsustainable for the thousands of small and medium businesses that rely on casuals.”