Casual Employment

Casual Employment • Federal Court case – WorkPac P/L v Skene • Skene was employed as a “casual” on regular hours • Court determined that employee was not a casual & therefore entitled to payment of Annual Leave on termination • The primary consequences arising from the decision are that: - Regardless of the provisions of awards or enterprise agreements, if an employee has a regular and predictable pattern of work with an expectation of ongoing engagements, they are likely to be permanent as opposed to casual.

- While an employee may commence employment with irregular hours under a casual contract, they can morph into a permanent employee over time, even though the parties continue to describe the relationship as casual.

Casual Employment • Questions for employers of casuals: - Is there a firm commitment to ongoing employment?

- Does the employee work irregular work patterns, with uncertainty, discontinuity, intermittency of work and unpredictability?

- Does the award define your employee as a casual employee and is this all you are relying upon to confirm the casual nature of the engagement?

- Is there certainty over the period over which employment will be offered?

Casual Employment • Employer Actions: - Determine who is truly a “Casual” - Where necessary apply conversion from casual to permanent employment - Ensure employment contracts are clear regarding working arrangements, status, entitlements and pay rates