The CFMEU class action alleges that WorkPac has underpaid employees as a result of the company routinely misclassifying mine workers as ‘casuals’ and avoiding paying entitlements.
We are relying on the landmark 2018 Skene case which was also run and financed by the CFMEU Mining and Energy Division.
Paul Skene worked for almost two years at the Clermont coal mine in central Queensland as a ‘casual’ haul truck driver. However, there was nothing ‘casual’ about his work arrangements.
Paul Skene worked the same 7-day roster as the permanent employees at the mine and was effectively treated as a permanent employee in that he was expected to turn up for work on every day that his crew was rostered to work. However, unlike the permanent members of his crew, Paul Skene was paid a flat hourly rate for all hours worked and did not receive annual leave, sick leave or other entitlements.
The Federal Court of Australia found that Paul Skene was not really a casual employee. Accordingly, WorkPac was ordered to pay substantial back-pay for unpaid annual leave.
We think there are hundreds, if not thousands, of existing and former WorkPac employees in a similar situation to Paul Skene. This case is about obtaining justice for those workers.
Find out more about the WorkPac v Skene decision: