New Definition of Casual Employees

From 26 August, 2024 there will be a new definition of what constitutes casual employment.

Basically, an employee will be a casual if,

• there isn’t a firm advance commitment to continuing and indefinite work, and

• the employee is entitled to receive a casual loading or specific casual pay rate.

Though this is easy to put into a contract of employment, if the matter is looked at by a court or tribunal the legislation goes on to set out a number of factors to be taken into account including;

1.       the real substance, practical reality and true nature of the employment relationship,

2.      whether the employee can accept or reject work that is offered by the employer,

3.      whether, when looking at the business, it is reasonably likely that there will be a future availability of ongoing work of the kind performed by the employee,

4.      whether there are full-time or part-time employees doing work of a similar nature, and

5.      whether there is a regular pattern of work for the employee.

This does not mean that you can no longer employ casuals as the seasonal nature of agriculture does create the situation where staff are required on a short-term basis or without regularity.

If you have any questions please contact Andrew Cameron at Primary Employers Tasmania on 0407 200 909.