Your Rights as a Casual Worker

Got a casual job? Here’s what you need to know about your rights.

Over 2 million Aussies work casually—and if you’re one of them, you’ve got more rights than you might think. Whether you’re working in retail, hospitality, or anywhere else, understanding your entitlements is key to making sure you’re not getting ripped off.

What Actually Makes You a Casual?

Just because your boss calls you a casual doesn’t automatically make you one. Thanks to new laws that came in August 2024 and won by unions, there’s now a proper definition that protects workers from dodgy employers.

You’re only truly casual if:

• There’s no firm commitment from your employer to give you ongoing, regular work; and
• You get paid a casual loading (extra pay) on top of your base rate

Here’s the thing: If you’re working the same hours, same days, every single week? You might actually be permanent in everything but name—and that means you could have extra rights.

Can You Become Permanent?

Yes! New laws make it way easier to convert from casual to permanent if you want more security.

What You Get Paid

Casual Loading

As a casual, you should in most cases be getting at least 25% extra on top of what permanent workers doing the same job get. This loading makes up for the fact that you don’t get paid sick leave or annual leave.

Example: If a permanent worker gets $25/hour, you should get at least $31.25/hour as a casual.

Other Pay Entitlements

• Overtime rates (check your Award for the exact amounts)
• Higher rates for working nights, Saturdays and Sundays (check your Award for the exact amounts)
• Public holiday pay at 250% of your base rate
• Superannuation if you’re over 18, or if you’re under 18 and work more than 30 hours a week

Your Leave Rights

Even as a casual, you’re entitled to some types of leave:

Unpaid leave:

• 2 days unpaid carer’s leave per occasion
• 2 days unpaid compassionate leave per occasion
• Up to 12 months unpaid parental leave (if you’ve been working regular shifts for 12+ months and expect ongoing work)

Paid leave:

• Paid family and domestic violence leave
• Paid parental leave ((this is a government funded scheme, so additional/different eligibility may apply)
• Long service leave (after working somewhere long enough – long service leave entitlements can be complex – if you think you might be entitled we recommend you seek advice)

Can You Say No to Shifts?

Yes, absolutely. One of the defining features of casual work is that you can refuse, swap, or change shifts. Your employer can’t force you to work shifts you don’t agree to.

Casual work is meant to be flexible—it should work for both you and your employer through communication and agreement.

Can Your Boss Just Stop Giving You Shifts?

This is where it gets tricky. Technically, yes—casual work doesn’t guarantee you’ll get shifts. But…

If your employer suddenly stops rostering you or cancels shifts with no explanation, it might be:

• Adverse action (retaliation for exercising your workplace rights, like joining a union or taking leave)
• Discrimination (refusing shifts based on your race, gender, age, or other protected attributes)
• Unfair dismissal (see below)

If this happens to you, get advice from your union. This could be unlawful.

Protection from Unfair Dismissal

Casual workers have the same unfair dismissal rights as permanent employees.

You can make an unfair dismissal claim if:

• You’ve worked for at least 6 months (or 12 months at a small business)
• You’ve been a regular casual with a reasonable expectation of ongoing work during the previous 6 months (or 12 months at a small business) 
• You believe you were fired unfairly or without a legitimate reason

Note: You don’t get notice of termination or termination pay as a casual.

Minimum Shift Hours

Does your boss have to give you a minimum number of hours when they roster you on?

It depends on your Award or enterprise agreement. For example, under the Fast Food Award, you must get at least 3 hours of work per shift.

Check your Award to know your rights—and if you’re not sure which one applies to you, a union can help.

Why Join a Union?

Here’s the truth: The rights you have as a casual worker exist because unions fought for them. The new laws that make it easier to convert to permanent and protect you from exploitation? Union members won those in 2024.

As a casual worker, you have exactly the same right to join a union as anyone else. And when you’re part of a union, you’ve got someone in your corner who:

• Knows your rights inside and out
• Can stand up to your boss with you if something’s not right
• Fights for better pay and conditions across your industry

You deserve to be treated fairly at work. Knowing your rights is the first step—having a union behind you is the next.

Have questions about your rights or think your employer might be doing the wrong thing? Reach out to your union for advice and support.

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