By Caterina Apostolakos

With over 2.4 million casuals currently working in Australia, it’s safe to say that businesses of all shapes and sizes rely on casual staff. Legally-sound employment of casual staff can save employers thousands each year – but casual employment shouldn’t be treated casually when there are potential penalties and grievances at stake.

Presented by one of our expert Workplace Relations Consultants, Caterina Apostolakos, our latest webinar dives into the ins and outs of casual employment and why it shouldn’t be treated casually when there are penalties and grievances at stake.

If our calendars didn’t line up or you’d just like to know more about this topic, this article covers the key points Caterina addressed in this exclusive workshop including what casuals are entitled to as part of their employment.

There’s nothing casual about casual employment

When it comes to employment there are three main types: full-time, part-time, and casual – each one has its own set of rules and regulations to ensure the rights of both the employer and employee.

Under the Fair Work Act (FWA) 2009, a person is a casual employee if:

  • They are offered a job;
  • The offer does not include a firm advance commitment that the work will continue indefinitely with an agreed pattern of work; and
  • They accept the offer knowing that there is no firm advance commitment and become an employee.

Did you know that there are only four factors that determine whether an employer’s offer doesn’t include a firm advance commitment? They include:

  1. Whether the employer can choose to offer the employee work and it’s the employee’s choice to work or not.
  2. Whether the employee will be offered work when the business needs them to work.
  3. If the employment is described as casual.
  4. If the employee is paid a casual loading (a higher rate for being a casual employee, or a specific pay rate for casual employees.

Casual employment differs from full-time or part-time work in that employees who are employed as full-time and part-time workers can expect to work regular hours each week, they’re entitled to paid leave, and they must give or receive notice to end the employment relationship.

What about entitlements? What do casual employees get?

Under the National Employment Standards (NES), casual employees are entitled to:

Casual employees can also request flexible working arrangements and take unpaid parental leave if:

  • They’ve been employed by their employer as a casual employee on a regular or systematic basis over at least 12 months; and
  • They reasonably expect to continue being employed by their employer on a regular and systematic basis.

Casual conversion: the pathway to permanent employment

Once someone is employed on a casual basis, they will continue to be a casual employee until they either become a permanent employee through casual conversion or are offered and accepted full-time or part-time employment. This pathway to permanent employment comes under the NES but it’s important to note that certain eligibility requirements must be met for this to occur.

Watch this workshop on-demand here

How HR Assured can help?

To help you with any workplace compliance questions you might have, we’d like to offer you a FREE HR Health Check for your business. Our experts will complete a thorough evaluation of your HR that’ll help uncover any hidden risks before they become problems.

If any information in this article has raised any questions about workplace culture and staff retention or you have another matter you need advice on, please reach out to our experts via our 24/7 Telephone Advisory Service.

Not an HR Assured client? If you’d like more information about the benefits of becoming an HR Assured client, contact us today for an informal chat.

Caterina Apostolakos is a Senior Workplace Relations Advisor at HR Assured. Caterina provides employment relations advice and support to our client’s businesses on a wide range of matters.