What is a “casual employee”?

A person is a “casual employee” if they are happy to accept an offer of employment that is made by an employer with no firm advance commitment to continuing and indefinite work which occurs with an agreed pattern.

This could mean that they have accepted a position that is extremely flexible, where they are able to say no to an offer of work or to swap that work with another person, or their roster changes on a week to week basis to suit the needs of the employer according to demand for that position or something similar.

Interestingly, a regular pattern of hours does not of itself indicate a firm advance commitment to continuing and indefinite work according to an agreed pattern of work.

If a casual position is accepted, the employer then needs to provide their casual employees with the Casual Employment Information Statement.

Clearly, a key aspect here is whether or not the employer has made a firm advance commitment and indefinite work that occurs with an agreed pattern. The Fair Work Act provides that there are only four considerations to have regard to. These are:

(a)   whether the employer can elect to offer work and whether the person can elect to accept or reject work;

(b)   whether the person will work as required according to the needs of the employer;

(c)   whether the employment is described as casual employment;

(d)   whether the person will be entitled to a casual loading or a specific rate of pay for casual employees under the terms of the offer or a fair work instrument.

Having accepted a casual position, a person remains a casual employee of an employer until:

(a)  the employee's employment is converted to full-time or part-time employment; or

(b)  the employee accepts an alternative offer of employment (other than as a casual employee) by the employer and commences work on that basis.

Should you wish to learn more about the position and rights of casual employees, please click here .

Whether you are an employer or an employee, if you have any issues in relation to employment matters, please feel free to call James Burke or Adam Stencel on (08) 8941 6355 or email james@bowden-mccormack.com.au or adam@bowden-mccormack.com.au