Note: This is general information only, and for more specific advice you should speak to your union.
Defining a casual worker
The legal definition of ‘casual employee’ that existed until very recently effectively let an employer call any employee a casual. It has been replaced with a new definition.
The new definition says that an employee is a casual only if:
- there isn’t a firm advance commitment to continuing and indefinite work.
- the employee is entitled to be paid a casual loading or a specific pay rate for casuals.
Under the new definition, if you are working the same hours on the same days each week, there’s a good chance you might be casual in name only.
New rights for casual workers
As part of the new changes, a pathway will be introduced for some employees to change to permanent employment if they want to:
There are certain eligibility requirements. You need to:
- have been employed for at least 6 months (or 12 months if working for a small business employer); and
- believe you no longer meet the requirements of the new casual employee definition.
You can’t request to change to permanent employment if you’ve already made this request in the last six months, among other grounds.
You need to make the request in writing, and your employer must respond to you within 21 days and must give reasons if they deny the request.
Want to know more?
Reach out to your union for more specific information about how you and your workmates can make the most of casual rights in your workplace, or enter your details below to receive updates on your rights at work.
Read more about your new rights at work.
This publication has been funded by the Australian Government Department of Employment and Workplace Relations through the Productivity, Education and Training Fund grant program.