New Fair Work Laws for Casual Workers

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Casual Workers
A casual employee can change from part-time employment to full-time employment
at any time by the agreement by both the employer and employee. They have no certain hours
of work and usually work for irregular hours. They do not get paid annual or sick leave and
can end their employment without notice. After at least a year of being engaged usually by an
employer on a casual basis, they have a right to get permanent employment. They are also
entitled to benefits given to permanent workers such as higher rate of pay, parental leave, and
under the new Fair Work laws, secured from being sacked illegally (Cunningham, Baines &
Charlesworth, 2014).
“We have been trying to enact this law for a very long time so that every casual
employee got their right which is ethical,” said Kulwant Singh who is personnel officer.
The decision from the Fair Work Ombudsman, which took effect on 1 October 2018,
described that an employee working as a regular casual employee for at least 12 months and
an average of 38 hours can request their position to be changed to a permanent full-time
employment. Union leaders initiated a Fair work commission (FWC) claim for the
compulsory conversion of all casual employees to permanent employment after six months of
regular work. Every employee should engage to perform to work on an occasional, irregular,
and non-systematic basis, which will continue to be exempted from a permanent
employment. They can shift or cancel their week-off as per their requirement in the roster.
According to the Fair Work legislation, employers find casual employment so that
their operational need can be fulfilled without obligation of permanent employment. The
most common perception of a casual employee is an individual who works regularly but only
for a limited period. Long-term casual employees who would have a reasonable expectation
of employment on a systematic and permanent basis are also entitled to unpaid
compassionate and carer’s leave of two days per occasion (Matthews, Delfabbro &
Winefield, 2015).
According to the new amendment, the fair work legislation includes a reference to
employees being incapable to claim unfair dismissal that arises within the minimum
employment period. Outside of this period, long-term casual employees have as many rights
as a part-time or full-time employee. It can be stated that as soon as the minimum