Casual Employees in Australia are changing in a big way
Published: December 7, 2023
Are you hiring casuals in 2023? The definition of a casual employee in Australia is evolving with upcoming new legislation potentially impacting thousands of SMEs. Business Development Partner Will Mendoza talks us through casual employees, their entitlements, and what you can do if you have HR or WHS questions.
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Casual conversion legislation.
The definition of a casual employee
is evolving
and has been in the news recently
With potential reforms incoming,
there are concerns among SMEs
about the uncertainty
it may bring and the impact
it will have.
Under the Fair Work Act,
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 that they accept the offer
knowing there's no firm
advance commitment
and become an employee.
As a business owner,
you should ensure
that you accurately characterize
your casual employee as such.
You need a written employment agreement
that clearly identifies them
as a casual employee.
If it's not in writing,
it can open you to all sorts
of potential risks and fines.
You should also remember
that casual employees
have entitlements such as:
Access to pathways
to become a permanent employee.
Unpaid carers leave.
Compassionate leave.
Paid family and domestic violence leave.
Unpaid community service leave.
Casual employees can also request
flexible working arrangements
and take unpaid parental leave
depending on certain circumstances.
Taking the right steps now
and documenting everything will ensure
you are protected.
If you have questions on
whether your casual employees
are actual casuals,
or if you need to convert an employee,
you can call our advice line today.
We also have Bright Lightning,
an AI-powered platform
that offers instant, reliable
answers
to your questions on HR,
and employment relations matters.