Benefits of using legal contract kits

Casual Employment Contracts and Casual Employees

Distinguishing between casual and permanent employees can be confusing - and there is no definitive legal test.

casual employmemnt contract
By using a Fairwork compliant casual employment agreement you will avoid any confusion between yourself and your employee. It will also help to protect you should any disagreement arise.

It is estimated that around 26% of the total workforce in Australia are casual employees. Women and young people as well as those nearing retirement are strongly represented amongst this group. The average job duration for a casual is nearly three years.

Although there is no precise definition for the term ‘casual’, it is accepted that the employee is hired on an informal, uncertain and irregular basis.

Bar staff or shop assistants who are never exactly sure when they will be required for work are prime examples. Casual positions are sometimes used to trial workers and permanent work is offered as a reward for good performance.

The main characteristics of casual employment are:-

  • No entitlement to overtime, holiday, sick or parental leave;
  • Extra loading in compensation for a lack of entitlements;
  • Irregular rosters or work patterns;
  • Hourly pay rates;
  • Irregular hours or less hours than full-time employees; and
  • No expectation of ongoing employment;

If an employee is engaged on a regular and systematic basis and has a reasonable expectation of continuing employment, they will not usually fall under the scope of casual employment.

There are, however, so-called ‘permanent casuals’ in the Australian labour force -  workers who have ongoing and stable jobs but are treated legally as casuals. Some casuals are better categorised as ‘permanent casuals’, whose hours or rosters may vary to some degree, subject to demand.

more information

You can download a Fair Work Compliant Casual Employment Agreement kit:

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