Casual workers have the same rights as all workers to join and to be represented by a union.
Casual Pay Rates
Employers should tell employees at the beginning of their employment if they are employed as casual or permanent workers. If you don’t know, ask.
Casual loading is the additional hourly pay that casual workers are paid – the equivalent permanent hourly rate plus 15-25% of this hourly rate.
Casual workers should have superannuation contributions paid by their employers if they earn more than $450 per month and are over 18 years old, or, are under 18 years old and work more than 30 hours per week.
Casual Work and Unfair Dismissal
Under the new Fair Work laws casual workers have the same access to unfair dismissal provisions as permanent workers.
Casual workers have the right to lodge an unfair dismissal claim provided that they have worked 6 months in the same job. If the company they work for has fewer than 15 full-time, part-time or regular casual employees (and is hence considered a small business) they will need to have worked for 12 months before they access unfair dismissal protections.
Casual workers do not have access to notice of termination, or pay in lieu of notice of termination.
Casual workers have the same right to work free from discrimination as all other workers.
It is unlawful to be treated poorly at work, or to be fired, on the grounds of discrimination.
Casual Leave Entitlements
Casual employees do not have access to paid sick leave, annual or holiday leave, or to paid personal or carer’s leave but can request 12 months of unpaid parental leave if they have been working regular shifts in the same job for 12 months or more.
Casual workers can also access long service leave.
Penalties and Allowances for Casuals
Awards or agreements will often state that casual workers:
- Are entitled to be paid at a higher rate of pay for public holidays worked but are not entitled to be paid for public holidays that they do not work;
- Are entitled to extra pay (penalty rates) for evening, night and weekend work;
- Are entitled to the same rest breaks as permanent workers, including at least a 30 minute unpaid break for every five hours of work; and
- Are entitled to a minimum length of shifts.
Casual Work, Work Safety and Union Membership
Casual workers have the same right to a safe workplace as all workers, and the same right to apply for compensation in the event of an injury at work.
Do you know a Casual Worker?
Share this information with them and ask them to join the USU today!
1300 136 604 or www.usu.org.au/join