Know Your Rights

While casual workers don’t have fixed hours or a set roster, they still have rights at work.

The SDA has always fought to improve the pay and conditions of casual workers and ensure their rights are upheld. If you’re employed as a casual, it’s important you’re aware of what those rights are.

Unlike permanent employees, casual workers do not receive paid time off from work if they go on holiday or are sick.

However, casual employees are paid a ‘casual loading’ to compensate them for the lack of paid time off.

Yes, as a casual employee, you have the right to decline any shift or take unpaid leave if you are unable to attend a shift for any reason.

You should aim to give as much notice as possible when declining a shift to assist your employer in finding a replacement.

Tip: Writing down your availability via a note, email or workplace app/ platform is the best way to help your employer track when you’re available for shifts.

Casual employees don’t necessarily have to have a set roster or number of hours or shifts per week so your employer can change your roster each week.

The duration and number of shifts you receive on any given week can change. For example, you may receive 30 hours one week and zero the next week.

Note: Even if you have a regular pattern of hours this doesn’t mean you’re permanent.

Casual workers must now be offered a permanent position if they meet all of these requirements:

» Have been employed for at least 12 months

» Have worked regular pattern of hours for at least the last 6 months on an ongoing basis

» Would be able to continue to work your hours as a permanent employee without significant changes. Your employer can only refuse to offer you a permanent position if you’re ineligible to convert or if they have reasonable business grounds to do so.

If you would like more information about this, give us a call on 8139 1000 or email ask@sda.com.au

Yes, a casual employee can request conversion to permanent employment every six months if they have been working regular hours, and could continue to work these hours without significant changes.

SDA Member Rawa Merei

The SDA is mourning the loss of SDA Vice President, Committee of Management Member and Delegate, Anne Revell.

Anne was a true believer. She was a stalwart of our union for over 30 years and always put other people first.

As a Union Delegate at Kmart West Lakes for many years, she always fought to make sure her coworkers got a fair go at work. Anne’s contribution to the union and to the lives of SDA members will not be forgotten.

We will deeply miss her and we extend our condolences to her family and loved ones.

May she rest in peace.

The $450 a month threshold for paying compulsory superannuation has finally been scrapped - thanks to the SDA, the Australian Services Union (ASU) and the Australian Nursing and Midwifery Federation (ANMF).

This change means that all adult workers (18 years old or older) will now be paid super on every dollar they earn - including casual, parttime and contract workers.

This will be hugely beneficial to women, young workers and low-income earners, who were disproportionately affected by the old system. For some workers, this will amount to thousands of dollars more going into the superannuation.

Until now, almost twice as many women as men were missing out earning super due to this $450 threshold.

All workers deserve dignity in retirement and while there is still much more to do, this will make a huge difference for many workers. It’s estimated that 300,000 Australians were missing out on earning superannuation because of this threshold.

Our superannuation system was established to provide a safety net for all working people in their retirement and we need to make it fairer for all.

It is one of our most important national assets. The SDA will always fight to safeguard this system and improve it.

Sexual harrassment is not okay, not ever.

Whether it’s by your manager, a coworker or customer, this behaviour is not only unacceptable, it's unlawful.

Our recent survey of over 3000 SDA members found that 2 in every 5 members have experienced sexual harassment at work in the past 5 years. The SDA is continuing to fight at all levels to ensure that this kind of behaviour is condemned and eliminated from your workplaces. Towards the end of 2021, based off recommendations from the Sex Discrimination Commission’s Respect at Work Report, the new Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 took effect, providing better protections for you at work. The new changes include a ‘Stop Sexual Harassment’ order, a clear definition of sexual harassment and a clarification that sexual harassment can be grounds for dismissal.

Sexual harassment at work can take many forms.

Under the Fair Work Act definition, a person sexually harasses another person if they make an unwelcome sexual advance, request for sexual favours or engages in other unwelcome conducts of a sexual nature. It occurs in circumstances where a reasonable person would anticipate the possibility of the person who is harassed being offended, humiliated or intimidated.

Workplace sexual harassment isn’t just limited to unwelcome physical touching, it can be physical, verbal or written.

Sexual harassment can include inappropriate conduct, suggestive comments or jokes, comments about your appearance, asking questions about your private life, sexually explicit conversations or texts and using suggestive sexualised nicknames.

Workers who have been sexually harrassed at work are now able to lodge an application with the Fair Work Commission for a Stop Sexual Harassment Order.

This Order also covers sexual harassment by customers, clients and any visitors to the store. It doesn’t matter if it’s only a one-off incident, you still have the right to make a claim.

We know that calling out, speaking out against and formally reporting sexual harassment isn’t an easy thing to do.

But coming forward about your experiences at work is critical to protecting yourselves and others now and into the future - and you’re not alone in this process.

The SDA treats all sexual harassment complaints seriously and is committed to resolving these issues quickly, confidentially and sympathetically for members.

We are here to stand with and support all workers who have experienced sexual harassment.

If you experience sexual harassment at work, you shouldn’t be afraid to talk to someone you trust and make a formal complaint to your employer - we will be there to help you every step of the way.

If you need support or advice around workplace sexual harassment or want to report an incident, don’t hesitate to call us on 8139 1000 or email ask@sda.com.au

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