The Full Court of The Federal Court has provided significantly more certainty to Employers when hiring or dealing with casual employees, including casual admin, support and nursing staff, in a case delivered on 10 May 2022. We initially discussed this issue in an earlier blog here.
Of particular note in this most recent case, the Full Court confirmed that in determining whether the employee is, as a matter of law, a casual employee close attention will be focused upon:
Further considerations are:
The written offer and agreement are of primary importance and may resolve any potential arguments. It is imperative therefore that a well drafted employment offer and agreement is given to any casual employment candidate and existing casual employee.
Employers must also continually monitor their casual employees. The Amended Fair Work Act contains a mechanism requiring Employers to offer casual employees the choice to become permanent if they've been employed for 12 months and have worked regular and systematic patterns in the last six months.
Further findings are that, in most circumstances, casual employees are entitled to:
There is now more certainty around the ways in which a casual employee’s circumstances require an Employer’s thought and planning, and if in doubt, legal advice should be sought. The way in which offers of employment and employment agreements are drafted and accepted is of particular relevance and significant importance following the court findings.
If you would like further advice around casual employment, or any other employment matter, contact me at email@example.com or call 07 3220 1144.
The information in this blog is intended only to provide a general overview and has not been prepared with a view to any particular situation or set of circumstances. It is not intended to be comprehensive nor does it constitute legal advice. While we attempt to ensure the information is current and accurate we do not guarantee its currency and accuracy. You should seek legal or other professional advice before acting or relying on any of the information in this blog as it may not be appropriate for your individual circumstances.