On 4 August 2021, the High Court handed down its decision in WorkPac v Rossato and unanimously and emphatically overturned the decision of the Full Federal Court.

In combination with recent changes to the Fair Work Act 2009 (Cth), the High Court’s decision in WorkPac provides important guidance for employers and their EPL insurers on managing causal employees. In short, it’s all about the employment contract.

In this update, W+K workplace specialists Chris Mossman, Sian Gilbert and Chris Spain, assisted by Ati Damodaran, look at this significant decision and the guidance it provides.

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