ARTICLE
12 August 2020

ASIC advises that liability to backpay casual workers caught by the Rossato v Workpac decision should be included in financial reporting

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Cooper Grace Ward

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Established in 1980, Cooper Grace Ward is a leading independent law firm in Brisbane with over 20 partners and 200 team members. They offer a wide range of commercial legal services with a focus on corporate, commercial, property, litigation, insurance, tax, and family law. Their specialized team works across various industries, providing exceptional client service and fostering a strong team culture.
Leave has also been sought to appeal the Rossato decision and the government is considering casual employment reforms.
Australia Employment and HR
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ASIC has released advice stating that companies must include liabilities to backpay leave entitlements to past and present casual employees caught by the decision in Rossato v Workpac in their financial reporting.

It has said that these liabilities may include:

  • annual leave
  • personal and carer's leave
  • compassionate leave
  • public holiday pay
  • redundancy payments.

The advice notes that the decision did not allow an offset for a casual loading paid. For those whose status might be a grey area, the corporate watchdog also warns that a 'provision or contingent liability may be required for "casual employees" employed in circumstances that were not clearly covered by the decision'.

While it is important for businesses to fully disclose any liabilities to stakeholders, the advice comes at an interesting time. Leave has been sought to appeal the Rossato decision to the High Court and the Federal Government IR working groups are considering casual employment reforms in light of this latest decision.

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Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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