INDUSTRIAL LAW - nature of employment - permanent or casual employment - test to be applied when considering whether an employee is permanent or casual - whether the focus should be on the substance of employment or the terms of engagement - employee was both engaged as a casual employee and employment had the character of casual employment
INDUSTRIAL LAW - right to convert to permanent employment - notification of dispute - whether industrial instrument confers right to convert - principles of interpretation of industrial instruments - instrument confers right to convert on "like for like" basis - "like for like" to be given a practical meaning in the context of the relevant industry - right to convert to full-time permanent employment for 38 hours per week - contravention of s 50 of the Fair Work Act 2009 (Cth)
INDUSTRIAL LAW - adverse action - allegation of adverse action in capping hours and changing start time - reverse onus of proof - where company made commercial decision to reduce labour costs - the exercise of workplace rights played no part in the capping of hours or change of start time
INDUSTRIAL LAW - claim for compensation - calculation of quantum of compensation - interest on compensation
INDUSTRIAL LAW - imposition of penalties - principles in determining penalties - penalties to be paid to the Applicant
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