Casual Employment Rights | Casual Workers Rights | Australian Unions
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Casual Employment Rights
Casual workers are not entitled to most forms of paid leave or notice of termination pay. However, they are entitled to a safe workplace, freedom from discrimination and unpaid parental leave.
In some circumstances, casual workers are also entitled to long service leave, protection from unfair dismissal and the right to request conversion to permanent work.
Under the Fair Work Act, casual employees are entitled to:
- A higher rate of pay (known as casual loading)
- Some leave entitlements including carer’s, compassionate, family violence leave and community service leave
Depending on their award or agreement, some casual workers rights may also include:
- Unpaid 2 weeks pandemic leave
- A higher rate of pay for public holidays worked (but they are not entitled to be paid for public holidays that they do not work)
- Extra pay (penalty rates) for evening, night and weekend work;
- The same rest breaks as permanent workers, including at least a 30-minute unpaid break for every five hours of work
- Minimum length of shifts
Casual workers are entitled to a loading on their hourly rate of pay. This means that their hourly pay rate should be more than the permanent workers doing the same work as them. This loading is compensation for the lack of paid leave provisions that casuals are entitled to, as well as the insecurity of their employment.
The amount of leave loading paid depends on the award or agreement. Casual workers covered by the national minimum wage must get at least 25% casual loading.
Casual workers should also have superannuation contributions paid by their employers if they earn more than $450 per month and are over 18 years old or if they are under 18 years old and work more than 30 hours per week.
Check your award or agreement to find out what you should be being paid or contact your union or the Australian Unions Support Centre for advice.
Under the Fair Work Act, casual workers are entitled to:
Casual workers can request 12 months of unpaid parental leave if they have been working regular shifts in the same job for 12 months or more and if they have a reasonable expectation of ongoing work.
Casual workers can also access long service leave. The length of service after which this can be taken will be set out in the award or agreement that covers the work. The amount of long service leave you can take will also be in the award or agreement. Long service leave entitlements will also depend on the relevant State or Territory legislation.
Check your award or agreement to find out what your leave entitlements are or contact the Australian Union Support Centre for advice.
Funding for this factsheet was provided by:
- the Victorian Government as part of the uTech project; and
- the Fair Work Ombudsman.
Please note that the information given here is general information only and is not legal advice. For further assistance, it is recommended you speak to your union.
Frequently Asked Questions
Do casual employees get penalty rates?
If you are working as a casual then you are entitled to get ‘Casual Loading’. This is a sum that is paid on top of your wage, which will usually bring your minimum hourly rate up to $24.80.
Casual employees also have an entitlement to overtime pay. You should get overtime when working more than 38 hours per week or more than 12 hours per day.
Do casual employees get super?
Yes, if you are a casual employee then your employer still has to pay you super.
If you’re over 18 and earn more than $450 (before tax) in a calendar month, then your employer must pay a minimum of 9.5% of your “ordinary time earnings” into the super fund of your choice.
You’re under 18 and work more than 30 hours in a week and earn more than $450 in a calendar month, then you are also entitled to receive super.
Can casual employees take time off?
Annual leave for casual workers is different from regular full-time employees, due to receiving casual loading to make up for the lack of paid leave. As a casual employee, there are some circumstances in which you are allowed to take days off.
These include 2 days of unpaid carer’s leave and 2 days of unpaid compassionate leave for each occasion that this leave is required. You’re allowed to take time off for things like voluntary emergency service or jury duty.
You’re also allowed to take time off on a public holiday, unless your employer has requested you work ahead of time.
Can casual employees refuse shifts?
Yes, as a casual employee you have the right to refuse, swap or change shifts.
Generally, an employer will offer a casual employee shifts on a particular day, and when offered, casuals can choose to either accept or decline the shift.
The nature of casual work is fairly flexible and is based on communication and agreement between workers and managers. Ideally, employees will be offered regular shifts in a way that suits their schedule and which they will be able to consistently accept.
Do casual employees get paid overtime?
Yes, casual employees are entitled to overtime pay. If you work more than 38 hours per week or more than 12 hours per day, then you should receive an award payment for overtime.
Overtime hours worked by a casual employee should be paid at 175% of the ordinary hourly rate of pay for the first 3 hours and 225% of the ordinary hourly rate of pay thereafter. The award clause payment for overtime is inclusive of casual loading.
Do casual employees get paid for public holidays?
Yes, casual employees are usually entitled to double the casual rate for hours worked during a public holiday.
Are casual employees entitled to long service leave?
Yes, casual employees are eligible for long service leave. This leave is a national workplace entitlement that most long-serving employees are entitled to.
Most workers will be eligible to take long service leave after they have worked for the same employer for 7 years or more. Most full-time, part-time and casual employees are entitled to long service leave and this allows you to take 2 months of paid leave.
Can a casual employee be fired for no reason?
No, a casual employee cannot be fired for no reason. If you are a casual worker then you are entitled to the same rights as permanent employees regarding unfair dismissal.
This means you are entitled to make an unfair dismissal claim if you feel that you have been treated unfairly and fired without legitimate cause.
Can a casual employee claim unfair dismissal?
Yes, a casual employee can make a claim for unfair dismissal in some circumstances. If you have worked in a role for 6 months or more, your employment was regular and systematic, and you had a reasonable expectation of continuing this employment, then your dismissal may be classed as unfair.
Unfair dismissal is defined as when an employee is dismissed from their job in a way, or for a reason, that is held to be unjust or unreasonable. In Australia, the Fair Work Commission will consider all cases and will investigate if an employee has grounds for an unfair dismissal case.
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