Many retail and fast food workers are employed on a casual basis.
Generally, your leave entitlements, pay, rostering rights and other conditions depend on whether you’re casually or permanently employed.
If you’re casual, your pay and conditions are still set out in your Agreement or Award.
Casual employees don’t necessarily have a set roster or number of hours or shifts per week.
They are however paid a casual loading – meaning they receive a higher rate of pay in compensation for the lack of paid time off.
Casual employees don’t have a commitment from their employer to ongoing, patterned work. This means the duration and number of shifts you receive on any given week may change.
Related issues
Generally, part-time employees have a set roster and a guaranteed number of hours per week which is agreed upon by them and their employer.
When it comes to rostering, part-time workers generally work less than 38 hours per week.
They have a firm commitment in advance from their employer to ongoing, patterned work and any cuts to their guaranteed hours should not be made without their consultation.
Related issues
Casual employees do not receive paid annual or sick/carer’s leave.
However, they do have the right to decline any shift or take unpaid leave when they are unable to attend a rostered shift, due to illness or injury.
You should still aim to give as much notice as possible if declining a shift to assist your employer in rostering a replacement employee for that shift.
Casual employees are covered by these laws.
If your hours stop or your employment is terminated after you have done 6 months or more of regular and systematic hours, you may be able to pursue an unfair dismissal claim.
All employees – including casuals – are protected from having their employment terminated for discriminatory or unlawful reasons.
As a result of efforts by the SDA, casual workers covered by Awards and many SDA negotiated Agreements now have important rights when it comes to casual conversion.
The process and minimum length of employment for converting can vary depending on the Award or Agreement you’re covered by.
Generally, to be eligible, you must have worked a regular pattern of hours and have been employed for a certain period of time.
Your employer must respond to a request in writing and within 21 days of the request being made.