Protections & dispute resolution
Protections
- Misrepresentation ban: Employers must not misrepresent permanent employment as casual.
- No dismissal/re‑hire to casual: It’s unlawful to dismiss a permanent employee to re‑engage them as a casual.
- No misleading candidates: Employers must not misrepresent casual employment to persuade a person to accept it.
Breaches can result in penalties/fines.
General protections
The general protections in the Fair Work Act prohibit adverse action because an employee exercised a workplace right. The definition of workplace right now includes lodging a casual‑to‑permanent notification.
Disputes
The FWC can now arbitrate disputes about whether an employee should be casual or permanent.