Comments on: What happened to casual employment? A look at Workpac vs Skene

By: The Pros and Cons of Hiring a ‘Temp’ – HB Recruitment

The Pros and Cons of Hiring a ‘Temp’ – HB Recruitment — Thu, 29 Apr 2021 06:18:25 +0000

[…] There is currently an ongoing debate in Australia about the legal definition of ‘casual’ work, and what benefits casual workers may or not be entitled to. It’s a topic that garnered some attention during the recent election, and is still being debated after a controversial court decision last year (for more information, you may want to read AHRI’s breakdown of Workpac-Skene. […]

By: A casual employee is not determined by a statement in a contract | Demand Human Resources

Sun, 07 Feb 2021 22:37:33 +0000

[…] As HRM wrote at the time, the key issue was the “essence of casualness”. […]

By: A casual employee is not determined by a statement in a contract - HRM Northlakes

Mon, 25 May 2020 23:46:35 +0000

[…] As HRM wrote at the time, the key issue was the “essence of casualness”. […]

By: Paula Forward

Paula Forward — Fri, 03 May 2019 00:26:03 +0000

If the FWC wants to insist that casual employment can not be regular and systematic then they need to overhaul the part-time provisions in the modern Awards so that an Employer can engage an Employee part-time and have flexibility in negotiation with the Employee to roster ordinary hours across all days specified in the Award up to a maximum of 38 hours per week without having to pay overtime penalties. Currently hours worked outside the agreed in contract attract OT penalties in some Awards.

By: What will a change in Government mean for the jobs market – the story so far... | Rusher Rogers

Wed, 13 Feb 2019 03:47:50 +0000

[…] has been further consideration as to what makes a casual employee ‘casual’ and what doesn’t. Currently the law clarifies the […]

By: Michaela

Michaela — Thu, 08 Nov 2018 22:29:36 +0000

While we should assess our casual workforce I also think think it’s important to not get too excited as a result of Workpac vs Skene – there are some key factors in this case I think are important. A 12 month in advance roster, regular 1 week on and 1 week off – I am not sure many of us would provide any rosters 12 months in advance.

By: Vas

Vas — Thu, 08 Nov 2018 04:26:09 +0000

Hi Elle, there are hospitality awards that enforce the employer to specify minimum guaranteed hours for part time employees, along with set rosters for the week, within a set availability. If you go over the availability time, or if they are requested to stay back without prior arrangement on the roster, overtime becomes payable, regardless if they have worked less than 38 hours.

By: Elle

Elle — Sun, 04 Nov 2018 15:50:34 +0000

In reply to Dan. Hi Dan, I think I would seek additional clarification on the advice that you have received. It is not the case that overtime is payable 4 hours in addition to the minimum in a contract. Whilst I can't say I know every award or agreement, I have never come across one that allows over time for anything other than exceeding the total hours in the award ie 38 for a week or exceeding the span of hours in a day if this is designated in the agreement or award. I have many staff who have contracts for 15 hours per week but work extra hours as required. The only problem you may run into, is if an employee consistently works those same additional hours. However if this were the case then I would probably be offering them an increase in their contracted hours anyway. Even for covering extended leave it was simply a matter of offering an additional contract for a fixed period of time eg the three months of long service leave. Hope that helps in your situation.

By: Mark Shaw

Mark Shaw — Sun, 04 Nov 2018 08:26:44 +0000

This is not new. The way the rules have been ‘legally’ applied of (in my personally experience) at least 40 years, has not changed.
I repeat, the answer to the question ‘When is someone a casual employee or permanent part time? has not changed in 40 years .
As demonstrated in the Skene case IF
(a) the is a history or a regular pattern of work AND
(b) an expectation that pattern will continue
THEY ARE NOT CASUAL

Why is this so hard for HR , managers and others?

By: S.B.

S.B. — Fri, 02 Nov 2018 02:10:16 +0000

Dan, check your Award or agreement. They may be able to work up to 38 hours before going into overtime provided the normal span of hours is satisfied.