With all the talk about casual employment, it’s no surprise businesses are unsure about when to employ someone as a casual and when to employ them as a permanent employee or engage an independent contractor instead.
This is a changing area of legislation and one that the government has plans to make further changes – watch this space! Currently, the definition of a casual is someone who:
- was offered a job with no firm advance commitment from the employer that the work would continue indefinitely with an agreed pattern of work; and
- the employee accepts the offer, knowing there is no firm advance commitment and becomes a casual employee.
A casual employment contract should include appropriate wording to cement the relationship as a casual one. The NES now incorporates a pathway to permanent employment for casual employees and most awards also have a process for casual conversion. Casual employees who have worked for their employer for 12 months with a regular pattern of hours must be offered the option of converting to full-time or part-time employment (exceptions may apply).
Small business employees can request (and larger employers need to make) a written offer within 21 days after the employee’s 12-month anniversary.
Michalle Faulkner, Managing Director, EastCoast HR Group, Suite 9, 68 Jessica Boulevard, Minyama, 5443 6022, eastcoasthr.com.au
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