Industrial Court rules NSW casual worker is ongoing employee under state law
Updated
Updated · Law Society Journal · May 7
Industrial Court rules NSW casual worker is ongoing employee under state law
7 articles · Updated · Law Society Journal · May 7
The case involved Mr Jackson, a Corrective Services NSW community service field officer employed for five years, with Justice Chin finding his role did not meet the Act's casual definition.
The ruling says section 43(4) of the Government Sector Employment Act creates a distinct statutory concept of casual employment, separate from common law and the federal Fair Work Act.
The decision, in a union case against the State of New South Wales, is likely to force NSW public sector employers to review how staff are classified.
A state court just aligned with federal reforms on casual work. Is the era of insecure, long-term 'casual' employment in Australia ending?
NSW just made hiring casuals riskier. Will this force budget cuts and reduce public services to cover new employee entitlements?