Distinguishing between casual and permanent employees

Distinguishing between casual and permanent staff can be confusing and there is no definitive legal test. The term ‘casual worker’ is not a precise legal term but more of an expression.

It is estimated that around 26% of the Australian workforce are casual employees. Women and young people as well as those nearing retirement are among the majority classed as 'casual'.
The main reasons that define casual employment:

No entitlement to overtime, holiday, sick or parental leave;
Casual loadings in compensation for a lack of entitlements;
Irregular patterns or rosters;
Hourly pay rates;
Irregular hours or less than full-time employees;
No expectation of ongoing employment; and
Series of separate contractual engagements.

There are also so-called ‘permanent casuals’ in Australia 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. The most common definition in awards refers to a casual as ‘engaged and paid as such’.

For a far more detailed explanation on this topic and for an up to date casual contract please visit RP Emery and Associates