WORKPLACE SERVICES HOW CASUAL ARE CASUALS? Employing casuals means that you don’t have to worry about any of the entitlements of a permanent employee, right? Wrong. Businesses often use casual • Casual arrangements can attract Construction General On-site Award 2010, employees because it seems permanent status over time. you’re required to give casuals who: ‘easier’. While this can still be the It is therefore important you (regularly) look 1.have regular patterns of work case, it is essential appropriate at the practical reality, and true nature of the 2.have been employed for six months steps are taken to ensure you do not find casual relationship. or more yourself liable for unexpected payments. In addition, we recommend having a 3. will continue to be employed after A recent Federal Court case found written contract with your casual employees six months that an employee, who was a casual, confirming (at minimum): A notice in writing, within four weeks of the was entitled to annual leave and notice • employment is on a casual basis above conditions being met, offering the entitlements. • casual employees are not entitled to option of becoming full-time or part-time. In summary, the key findings were: leave or notice on termination The employee has four weeks to accept the • You need to assess the employees • the job, classification level, and rate option, or remain casual. Records of the overall pattern of work. Genuine casual of pay offer, and employee response should employees are not given any guarantee • the casual loading, which is paid on the be retained. of ongoing employment, or the days/ condition of the employee being a casual If you have or are considering engaging a hours of work. ‘at law’. casual employee, and want to find out more, • The practical nature of relationship must Casual conversion rights also exist under all we recommend speaking with a be assessed i.e. is it permanent in reality. awards. Specifically under the Building and HIA Workplace Advisor. P12 BUILDING NEWS ISSUE 5/2018