Who is a casual? (definition & indicators)
Statutory definition (s 15A, Fair Work Act): An employee is casual if both apply:
- There is no firm advance commitment to continuing and indefinite work; and
- The employee is entitled to a casual loading or a specific casual pay rate.
How “no firm advance commitment” is assessed
Look at the reality of the working relationship (not just the contract). Relevant factors include:
- Whether the employer can offer work and whether the employee can refuse it;
- Whether work will be available in future;
- Whether permanent employees perform the same type of work; and
- Whether there is a regular pattern of work.
Key change: The focus on the actual relationship over labels in the contract is a significant legal shift.
Onboarding document: The Casual Employment Information Statement must be provided at commencement.