The ‘New’ Definition of a Casual Employee

With the change in federal government, we have seen a number of substantial changes to the industrial relations landscape. One of the more significant changes will commence on 26 August 2024 — the new definition of casual employment which was an election promise by the Labor Government.

The purpose for the change to legislation is to meet the Government’s objective in creating job security for all employees.

From next month, the new definition of ‘casual employee’ will be introduced to the Fair Work Act 2009 Cth (FW Act). Under this definition, an employee is only a casual if:

• There isn’t a firm advance commitment to continuing and indefinite work, taking into account a number of factors, including the real substance, practical reality and true nature of the employment relationship.
• They’re entitled to receive a casual loading or specific casual pay rate.

To determine whether there is a ‘firm advance commitment to continuing and indefinite work’ clubs will need to focus on the ‘real substance’ of the employment relationship and consider a variety of factors. This differs largely from the current definition in the FW Act which focuses on the terms upon which employment was offered and accepted, usually found in the contract of employment. 

Given the complexities and significant changes to the definition of casual employment, it will be the focus of one of the much-anticipated sessions at the upcoming Clubs Australia WR&HR Conference.

Barrister Michael Seck will cover the concept of casual employees and explain how that has changed over time, including through an exploration of case law. He will also delve into the recent legislative change which sees us going ‘back to the future’ with casual employment and will explain the new ‘triggers’ for conversion to permanency.

The Clubs Australia 2024 WR&HR Conference at the ICC Sydney will take place on Monday, 12 and Tuesday, 13 August.

Layne Beachley will kick things off with her opening keynote on the issue of bold leadership. Other presenters will include Deputy President of the Fair Work Commission Judith Wright and mental health expert Mitch Wallis.

With tickets selling fast, don’t delay in securing your seat at this year’s WR&HR Conference. Book your tickets now by clicking here.

AustralianSuper is the proud Major Partner of the Clubs Australia Workplace Relations and Human Resources Conference. Visit australiansuper.com for more information on how AustralianSuper helps its members.