The Fair Work Act has tried to clarify who is casual and who is a part-time employee. Unfortunately, what has been legislated is still not clear. Each casual employee needs a contract.
Before an employer gives a new casual employee a contract, there should be an offer of employment.
The offer of employment should clearly state:
- that casual employment is offered and what casual employment is, as set out below
- the work the employee would be required to perform
- the hourly rate
New casual employees do not get a contract until he/she has accepted the letter of offer in writing.
Existing casual employees do not need new contracts, but I believe all casual employees should have one.
The new concept of casual employment is:
- We are not committed to offering a casual employee ongoing work or an agreed work pattern.
- As a casual employee, your Rosters may change each week to suit our needs or the needs of our members.
- You can refuse a shift or swap a shift.
- You will be offered work when it is available.
You are paid a 25% loading to consider that you do not have a permanent position. This loading is a higher pay rate than permanent or permanent part-time employees are paid for doing the same work as you.
When a casual employee works regular shifts, being the same shift each week/each month, the casual employee could argue that he/she is not a casual employee but a permanent part-time employee entitled to annual and personal leave.
This argument is usually raised when the employee leaves employment. The employer needs a factual response to show there was no regularity of shifts. Every three months, there should be a break in the regularity of shifts.
For effective casual employment contracts and casual rostering protocols, call John on 0407 069 507.
