Changes to casual employment

On 6 July 2017, the Fair Work Commission determined that regular casual employees have the right to convert to permanent employment. The determination applies to casual employees that work regular and systematic hours for at least 12 months. There are exceptions where the shift would require a significant change to the employees’ hours or it’s reasonable the number of hours will change or reduce in the next 12 months. A clause relating to this issue should be included in a casual employee’s employment contract.

Overtime entitlement changes

New overtime entitlements for casuals have been issued as well for the Hospitality Industry (General) Award, Registered and Licensed Clubs Award and the Restaurant Industry Award for working longer than 12 hours or working more than 38 hours in a week. New (slightly differing) rates also apply to the General Retail Industry Award, Fast Food Industry Award, Hair and Beauty Industry Award and Horticulture Award.

New flexible part-time employment provisions

The proposed new provisions in the Hospitality Industry (General) Award, the Registered and Licensed Clubs Award, and the Restaurant Industry Award would allow employers to roster part-time employees for between 8 and 38 ordinary hours per week (averaged over the roster cycle), and agree with employees on a guaranteed number of hours each week, and the ‘available window’ in which those hours could be worked (i.e. the employee’s availability).  The employee would only be able to alter their availability on 14 days’ notice.

If you need more information about changes to casual employment or if you have any other questions, please feel free to contact us.