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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.

Read Transcript

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


to your questions on HR,

and employment relations matters.

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