The country's Federal Court in August upheld a lower court ruling that Peter Skene, a casual mine driver, deserved all benefits that his permanent counterparts get since he worked predictable, regular hours.
Employers, meanwhile, say the ruling could translate to big liabilities for companies that hire casual workers. For Skene, the ruling means he is set to receive accrued annual leave at the end of his employment, which totals A$21,000 plus A$6,700 in interest.
The Federal Court's ruling paves "the way for casual employees to 'double dip' on their entitlements, enabling them to accept a casual loading in lieu of permanent employee benefits but then still legitimately claim a right to the very leave they accepted the loading in place of," says Charles Cameron, chief executive at the Recruitment & Consulting Services Association.
But Tony Maher, national president of the Construction, Forestry, Maritime, Mining and Energy Union, said casuals now make up a large portion of the workforce for coal mining companies as employers look to cut costs.
"In many cases they are casual in name only, working side by side with permanent employees on the same rosters over extended periods, but with no job security," Maher said.