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Information In Relation To Casual Employees under the Fairwork Policy.

Only certain National Employment Standard (NES) entitlements apply to casual employees.

These are:

  • two days unpaid carer’s leave and two days unpaid compassionate leave per occasion.
  • maximum weekly hours.
  • community service leave (except paid jury service).
  • to have a day off on a public holiday, unless reasonably requested to work by the employer.
  • provision of the Fair Work Information Statement.

In addition, casual employees who have been employed for at least 12 months by an employer on a regular and systematic basis and with an expectation of ongoing employment are entitled to:

  • make requests for flexible working arrangements
  • parental leave.

Casual employees are entitled to an hourly casual loading for every hour that they work.

For Example; Under the Retail Award, casual loadings, wages and penalty rates (such as those payable for working during the evening, on weekends and public holidays) are phased in. This means that your minimum obligations will depend on your obligations prior to 1 January 2010, including any additional loading that was payable to casual employees for annual leave.

Information for Employers when employing casual staff

Under the Retail Award, you must give your casual retail employee at least 3 hours work (in a row) on any day. This means that even if you don’t require your casual employees to work for a continuous period of 3 hours, they must still be paid for 3 hours.

Casuals must be paid penalty rates for hours worked on public holidays – they cannot be given paid time off instead.

Record-keeping requirements

Remember to keep time and wages records for all your retail employees, including part-time and casual employees, for seven years. The records must be readable, in plain English and readily available to a Fair Work Inspector.

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