b'CLOSING LOOPHOLESDEFINITION OF ACASUAL EMPLOYEE When: 26th August 2024The amendments also clarify that service as a casual employee is not counted for the purposes of redundancyKey Changes:pay, notice of termination and various otherAn employee will be a casual employee if both of theentitlements of permanent employment if the casualfollowing conditions are met:converts to permanent employment. a) the employment relationship is characterised by anIn assessing whether an employee is a casual absence of a rm advancement commitment to employee, the following matters need to be considered: continuing and indenite work; and b) the employee would be entitled to a casual the real substance, practical reality and trueloading, or a specic rate of pay for casual employees nature of the employment relationshiptheunder the terms of a fair work instrument or totality of the relationship and not just theemployment contract if the employee were a casual contractual terms; employee.a rm advance commitment may be in the formof a mutually agreed term in an employmentThe emphasis of the new denition is on the totality of contract, or a mutual understanding orthe employment relationship.expectation between employer and employeeother potential indicators must be consideredThe requirement for continuing and indenite work (but no one factor is determinative and not allto be according to an agreed pattern of work is factors need to be satised), such as whether:removed.there is an ability of the employer to electto offer work and/or an ability of theA regular pattern of work does not of itself indicate a employee to elect to accept or reject work rm advance commitment to continuing and indenite it is reasonably likely that continuing workwork.will be available in the future there are existing full-time or part-timeDouble dipping removed: It is positive to see a employees performing the same kind ofprovision inserted which allows the amount of casual work loading paid to an employee to be offset against any there is a regular pattern of work for theentitlements the employee claims are owed to them.employee. Practical Tips for Employers: 1) Ensure employment contracts offered to casual employees statethe offer is for employment as a casual employee; the offer of employment is made on the basis that the employer makes no rm advance commitment tocontinuing and indenite work according to an agreed pattern of work for the person; the amount of the casual loading, or species a casual rate of pay; that the employer can elect to offer work and that the employee can elect to accept or reject work; and the employee will work as required according to the needs of the employer. 2) Evaluate people management practices, particularly in scheduling casual employees. 3) Educate managers on not accidentally creating a mutual understanding of rm advanced commitment with casuals. Page | 11IR Update July 2025'