November 1, 2018
Long-term casual employee rights
Casual employees are paid a higher ‘loaded’ rate and aren’t entitled to annual/personal leave. Long-term casuals are classed as having to be employed on a regular and systematic basis for a minimum of 12 months, with a roster of work and hours that are consistent.
After 12 months, an employee is entitled to ask to be made part-time or full-time because of the consistency and certainty of work hours. This cannot be turned down if there is an ongoing commitment from the employer to continually roster on the employee.
Employers should be offering long-term casuals security and entitlements after this 12-month period off their own back to comply with legislations. If not, employers are open for a Fair Work case whereby they can be made to pay entitlements to a long-term casual if found to be working on a consistent basis. Not only will the employer have to pay the entitlements and then continue to accrue – they will receive a fine, as per the case WorkPac Pty Ltd v Skene (2018). This ruling could open up a can of worms for all employers who have long-term employees.