Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ledger v Stay Upright Pty Ltd [2016] FCA 659 File number: NSD 1171 of 2014
Judge: BUCHANAN J
Date of judgment: 6 June 2016
Catchwords: INDUSTRIAL LAW – whether employees engaged on a casual basis – where employees provided services to employer over a long period of time – employees' contracts stated engaged on a casual basis – employees' engagements varied – employees required to submit availability in advance – employees argued regular and systematic employment – evidence does not discharge onus to prove permanent employment
Legislation: Fair Work Act 2009 (Cth), ss 12, 67, 67(2), 86, 95, 111, 111(1) Workplace Relations Act 1996 (Cth), ss 172(2), 173, 227, 239(1) Annual Holidays Act 1944 (NSW), ss 3, 3(1), 4, 4(3)(a), 4(3)(b)(ii) Long Service Leave Act 1955 (NSW), ss 4, 4(11)(a) Long Service Leave (Amendment) Act, 1985 (NSW), Act No. 54, Sch 1 Educational Services (Post-Secondary Education) Award 2010 (Cth), cll 3, 3.1, 4, 4.1, 4.3(a), 10, 10.1, 10.2, 10.3, 10.3(b), 10.4, 10.4(a), 10.4(b), 10.4(c), 10.5, 10.6, 10.7, 14, 14.3, 14.5, 14.5(a), 21, 21.3, 25, 25.1, 26, 27, 28, 28.1, 29, 29.1
Cases cited: Cameron v Durning [1959] AR (NSW) 142 In re Private Hospital Nurses (State) Award [1962] AR (NSW) 446 Reed v Blue Line Cruises Limited (1996) 73 IR 420 Thompson v Big Bert Pty Ltd t/as Charles Hotel [2007] FCA 1978; (2007) 168 IR 309
Date of hearing: 22 and 23 March 2016
Registry: New South Wales
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