Casual employment

This detailed legal guidance note explores the complexities of casual employment under Australian law, focusing on the Fair Work Act 2009 (Cth) and recent legislative amendments. It addresses the statutory definition of casual employees, the implications of the High Court’s decision in WorkPac Pty Ltd v Rossato, and the evolving framework surrounding casual conversion rights and entitlements. Employers and practitioners must understand the nuanced distinctions between casual and ongoing employment to mitigate risks such as backpay claims and penalties.

Topics Covered

• Fair Work Act 2009 (Cth) - casual employment and conversion rights
• Statutory definition of a casual employee under the Fair Work Act 2009 (Cth)
• Common law casual employment - no firm advance commitment
• The effect of reg 2.03A - claims to offset certain amounts
• Court orders relating to casual loading amounts under s 545A
• Determining casual employee status under an industrial instrument

Essential Insights

• Understand the statutory definition of casual employment in s 15A and its precedence over common law interpretations.
• Recognise the importance of “no firm advance commitment” and how contractual terms determine casual status.
• Evaluate employer obligations concerning casual conversion rights and associated National Employment Standards.
• Navigate the complexities of casual loading offsets under regulation 2.03A and s 545A without full resolution of “double-dipping” issues.
• Prepare for Fair Work Commission reviews of enterprise agreements and modern awards to align with new casual employment definitions.