Lots of young workers are employed on a casual basis. Being casual doesn’t mean you don’t have any rights, and it doesn’t mean you can be paid less. In fact, casuals are paid a higher rate of pay, normally an additional 25 percent, on top of the normal hourly rate This is called a casual loading.
Casual workers are not normally guaranteed a set number of hours each week, and there may be shorter notice for being called into work. However, this works both ways, and you are not obliged to always be available – that means you can’t be forced to work on a particular day or time, or if you are sick.
Your employer should tell you when you start your job if you are a casual, and what your hourly rate of pay is. Your pay slip should tell you what additional casual loading you are getting.
As of the 26th of August 2024 there will be a new legal definition of a casual employee under the closing the loopholes legislation.
The new definition says that an employee is a casual only if:
there isn’t a firm advance commitment to continuing and indefinite work, factoring in practical reality of the employment relationship
the employee is entitled to be paid a casual loading or a specific pay rate for casuals.
Long Term Casuals
Some casuals work for one employer for a long period of time. These workers stay as casuals unless the worker and employer mutually agree to change to full-time or part-time permanent employment – this would provide ongoing work, with an agreed pattern of hours.
However, if you are a long term casual that is engaged on a regular and consistent basis, you may still be entitled to request flexible working arrangements or take parental leave.
Casual Conversion
A casual worker can change to permanent full-time or part-time work at any time if both the employer and employee agree to it.
There are changes to current casual conversion pathways which will come into effect on the 26th of August 2024.
The incoming legislation gives greater weighting to employee choice. It allows individuals the opportunity to provide their employers with written notice of their intention to convert from casual to permanent employment given:
They believe they no longer meet the requirements to be classified as a casual employee
They do not have a dispute with their employer over their employment status
They have been employed for at least 12 months (in cases where the employer is a small business) or if they have been employed at least 6 months (in other cases)
From this point an employer will have 21 days to respond to the notice and provide either a notification of the changes to the individuals employment or a valid reason for rejection of the notification.
Where can I find out more?
To find out more about what you are entitled to as a casual worker, get in touch with us. We can give you advice about what your entitlements are, and help you decide what to do. We can also direct you to other people who can help.
To find out more about how to join your union, visit UnionsACT or have a look at our fact sheet here.