WorkPac Pty Ltd v Rossato [2021] HCA 23 and other decisions of the High Court: An update on developments in employment law

This presentation considers the recent decision of the High Court in WorkPac Pty Ltd v Rossato [2021] HCA 23 and other decisions of the High Court which are of significance to practitioners in employment law.

Rossato is a significant decision in respect of the proper approach to determining employment status and construing the character of an employee’s employment. In this regard, the High Court has affirmed that the provisions of a contract are critical to the assessment of the existence or otherwise of casual or permanent employment and primacy is to be given to the freedom of parties of contract. This decision may also have implications for labour-hire workers, independent contractors and gig economy workers.

Other decisions which will be considered include:

• Ridd v. James Cook University on construing enterprise agreements and the interaction of such agreements with policies and procedures
• Australian Building and Construction Commissioner v. Pattinson & Anor concerning the assessment and imposition of penalties for contraventions of employment legislation

Depending on the issuing of the decisions in ZG Operations v Jamsek and CFMMEU v Personnel Contracting, there will also be some discussion of these matters and how the approach in Rossato may influence the High Court in determining these matters.

This seminar has been organised by the NSW Bar Association's Industrial, Employment, Health and Safety Committee.