The rights of all Australian workers are protected in law, but the benefits and conditions of your next job depend on how you’re employed. If you’re considering a part-time or casual role, what are you entitled to?
Part-time versus casual
The key differences between part-time and casual come down to:
- Hours worked
- Leave entitlements
- Payment terms
- The way employment can be terminated
Hours
While part-time employees work a set number of hours per week (fewer than 38 hours), the hours that casuals work may vary-and the number of hours is not guaranteed. Casual employment has flexible hours which change according to a roster, while part-time employment involves set shifts.
If you work PT, your hours are generally the same from week to week. If you’re a casual worker, you’re not obliged to work the hours you’re offered, but you also can’t demand hours. Most modern employment awards include the minimum or maximum number of hours for a casual shift. For instance, if you’re a casual worker in a restaurant, can work a maximum of 12 hours per day or per shift, according to the Restaurant Industry Award 2020. Part time employees work set hours and there must be agreement to amend these, while casual employees work to rosters which can change in accordance with the roster period.
Wages
PT employees earn a consistent wage based on their ordinary hours of work and they usually don’t receive additional pay for reasonable overtime. Casual employees are paid on an hourly basis and the rate may be higher than part-time employees due to a “casual loading”, which is an additional payment on top of the higher hourly rate. Casual employees generally receive a casual loading of 25%, while part-time employees do not. Both casual and PT employees receive superannuation on their earnings.
Businesses are required to pay superannuation contributions to employees aged over 18, and to employees aged under 18 who work more than 30 hours in a week.
Benefits and entitlements
PT employees receive the whole suite of benefits under the Fair Work Act, such as paid annual leave and paid personal/carers leave. While casual workers don’t receive paid leave, they have entitlements under the National Employment Standards. These include two days unpaid carers leave and two days unpaid compassionate leave per occasion, as well as five days unpaid family and domestic violence leave (in a 12month period) and unpaid community service leave. Casual employees do not accrue annual or personal leave, but part-time employees do.
Dismissal
CAS employment can generally be ended with one days’ notice, while PT employees are owed notice under the National Employment Standards. The notice period for PT work starts the day after an employer says that they are ending the employment. The minimum notice periods generally depend on the length of continuous service, but employees aged over 45 years old who have worked for the employer for at least two years receive an extra week of notice.
PT employees may also receive a redundancy payout from their employers and have greater protection from unfair dismissal. The Fair Work Act regards a dismissal to be unfair if it is “harsh, unjust or unreasonable”. For instance, if an employer dismisses a PT employee without reason it may be considered unfair under the Fair Work Act. Employees must be afforded procedural fairness when being dismissed.
In general, casual employees are not protected from unfair dismissal. However, if a CAS employee has been employed for at least six months on a regular and systematic basis and has reasonable expectation of continuing employment on that basis, they’ll be protected. Whether this is the case will depend on the individual circumstances of the casual employee’s employment.
Legal Rights
All workers in Australia are legally entitled to safe and fair employment. These rights are covered in work health and safety (WHS), workers compensation and equal opportunity legislations.
For instance, your employer is required to provide adequate training and information to make sure that you’re safe from injury and risks to your health. The model WHS Act defines “health” as both physical and psychological health. This means your employer must manage the health and safety risks of workplace bullying, as well as risks associated with your physical work environment.
Work Cover schemes, which are also known as WorkSafe or Return To Work in some states, ensure that workers can make a claim for compensation if they are injured at work. Employers also have a legal responsibility to ensure that everyone who works for them is treated fairly and with respect.
If a part time or casual employee is discriminated against, they can make a complaint to the Australian Human Rights Commission.
If a PT or CAS employee believes they have been unfairly dismissed, they can make a claim to the Fair Work Commission. However, in the case of a CAS employee they would need to be a regular and Systematic casual employee.
Before you accept FT, PT or CAS work, its important to know what’s involved in terms of your rights, benefits, and the flexibility you have. If you’re unsure about or need help with any of these issues, its best to contact a specialist employment lawyer.
Understanding your employment rights can give you an extra layer of confidence at work. Your benefits and entitlements will differ depending on how you’re employed. Before you accept your next role, consider the conditions that matter most to you.
“Information provided in this article is general only and it does not constitute legal advice and should not be relied upon as such. Before taking any course of action related to this article you should make your own enquiries and seek independent advice on whether it is suitable for your circumstances”.