If they walk and talk like an ongoing employee, can they still be a casual? No.

The Public Service Association (PSA) has achieved a significant win for the rights of ongoing and casual employees employed under the Government Sector Employment Act 2013 (NSW) in the Industrial Court of New South Wales.

On Friday 27 March 2026, Justice Chin issued his decision in the matter of Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v State of New South Wales [2026] NSWIC 10.

The proceedings were brought by the PSA as a test case and focused on the circumstances of Craig Jackson, Community Services Field Officer within CSNSW. The PSA did so in order to get a ruling that it could rely upon for other casuals in similar circumstances.

The PSA alleged, and the Industrial Court has accepted, that Mr Jackson is not a casual employee as the nature of his employment is not irregular, intermittent, short-term, urgent or other work. Further, the Court accepted Mr Jackson is engaged as an ongoing employee, noting that the nature of his work was regular and systematic.

The State opposed the PSA and argued (among other things), that the fact that Mr Jackson’s employment contract used the word ‘casual’ in reference to his employment, that he must be a casual employee. The Court rejected the State’s arguments.

Ultimately, Justice Chin agreed with the PSA’s position, saying that the word ‘casual’ is not determinative of a person’s employment status and that an objective assessment of the nature of a person’s employment, including the availability of ongoing work and a regular pattern of undertaking work are determinative of the nature of employment.

Therefore, it was declared in our test case that the employee was for the entirety of their employment employed on an ongoing basis.

This declaration was the culmination of a dispute that commenced in April 2024 and was arbitrated in early 2025. It is a historic win, that will positively affect not only the employment status of CSNSW Field Officers, but also other people employed as ‘casual’ employees pursuant to the Government Sector Employment Act 2013, the Transport Administration Act 1988 (NSW), as well as other pieces of public service employing legislation.  Special thanks should be given to our lawyer Nathan Keates, barrister Leo Saunders and delegate Craig Jackson.

Going forward, the PSA will be contacting CSNSW on behalf of the rest of our Field Officer members, to see their employment recognised as ongoing.

Contact

Member Support Centre
1800 772 679