Are your casual employees 'true casuals'? By 2014 all casual employees will receive a loading of 25% for ordinary hours worked on top of their hourly rate.
Too often we find that 'casual' employees work regular shifts or hours, whereas a key characteristic of a true casual employee is they are unlikely to have regular working patterns or guaranteed hours of work.
True casuals
- usually can have their employment terminated with minimal or no notice
- don’t get paid personal leave or annual leave but receive a loading to cover this.
By 2014 all casual employees will be receive a loading of 25% for ordinary hours worked on top of their hourly rate. Currently transitional arrangements for this loading apply with the 25% being phased in incrementally till July 2014.
Only certain 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, employers should also check the Modern Awards which apply to their casual staff and may provide for additional entitlements.
Further entitlements for 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:
- entitlement to request flexible working arrangements
- entitlement to parental leave
Long term casuals can also become eligible for Long Service Leave.
If you are uncertain about the application of transitional loadings for your casual staff, their entitlements or whether they are indeed casuals, please contact us.