Casual & Part-Time Workers’ Rights And Entitlements in Australia

Whether you are searching for a casual or a permanent part time job in NSW, Australia, being aware of what your employment status means can be critical for protecting your rights and entitlements at work. 

Permanent part-time workers

A part time worker is one who works a few hours a week when compared to a full- time workers. The employees have ongoing employment and are required to work regularly. They are granted entitlements such as sick leave, parental or annual leave on a pro-rata basis, according to the hours they work. Part-time workers are expected to adhere to the terms and conditions specified by instruments and must give or receive notice to end their employment.  

Who can become a Part-Time Employee?

Generally, part time workers are those who

  • Work less than 38 hours a week
  • Are on a fixed-term contract or a permanent employee
  • Work regular hours each week

These employees enjoy the same benefits as a full- time benefits as a full- time employee but on a pro-rata basis. However, even while working less, part time employees provide the flexibility of labor when compared to their full -time counterparts. 

How are the entitlements given to a part-time employee different from that of a full- time employee?

As mentioned earlier, unlike a full-time worker,   the entitlements of a part time worker are based on a pro-rata basis. To understand this, take a look at this example listed below. 

Rebecca is a part time employee who works for about 19 hours per week (5 days a fortnight). Suzanne who is a full-time employee works for 38 hours, 5 days a week. So, while Suzanne will be entitled to get paid sick or carer’s leave for 10 days (76 hours), Rebecca will be entitled to get only 50% of Suzanne’s paid leave because of the 50% fewer work hours she put in when compared to Suzanne. 

Casual Employees

In Australia, the responsibilities of a casual worker include informing his employer in advance regarding the hours or days he or she will work for his employer. In general, a casual employee works whenever his employer will want him to do so.  The employees are offered to work on a requirement basis. When compared to full — time employees who work for longer hours, (38 hours per week), casual employees work irregular hours. As a result, a casual worker does not have any guaranteed ongoing work or job security. 

Who Can Become A Casual Worker? 

A casual employee is the one who –

  • Does not guarantee weekly hours
  • Do not get any sick or annual leave
  • Usually works for irregular hours

There are two types of casual employees — regular and systematic casuals and irregular casuals. While the former type of casual employee works for regular hours and can expect ongoing work, the latter does not guarantee hours or expect ongoing work.

A great benefit of being a casual worker is that he /she is entitled to higher pay rates when compared to those received by a permanent part time worker.  This type of arrangement known as ‘casual loading” helps compensate the workers for their job insecurity and also helps them recover loss of other benefits such as paid sick or annual leave. Generally, the loading is between 15 % – 33% more than the usual hourly rates provided to their counterparts. Also, a casual worker is not entitled to receive a minimum notice period before the termination period. As a result, a worker can neither be sacked nor can quit without giving notice. 

What does a casual worker get? 

A casual employee is entitled to get –

  1. High pay rates when compared to full- time or part-time employees
  2. 2 days unpaid carer’s leave and compassionate leave per occasion
  3. Unpaid community service leave

Entitlements for long- term casual employees

Under the Fair Work Act, casual employees working for a long period become “long term casuals”

Casual workers stay long term casual provided there is no relation change with their employer. In such cases, a mutual commitment for ongoing work on an agreed pattern is provided to them. 

Casual entitlements are provided to long term casuals irrespective of whether or not they worked long hours or how regularly they work. 

An employee has worked for about a year for an employer on a casual basis and is likely to continue working in the future too, the employee can —

  • Take parental leave
  • Request for flexible working arrangements 

However, such employees will not be entitled to get paid leave or notice of termination, despite working regularly for long periods. 

Can a casual employee become a full-time or part-time employee?

A casual can change to a part-time or full-time employee, provided both the employer and employee agree to it. The process of changing has a minimum process. Some of the enterprise agreements and other registered agreements required for the change have a similar process. 

Also, the casual conversion clauses of some Modern Awards allow a casual worker to change to a permanent one.  This can be done only if a casual worker has been working at a regular and systematic rate for a year and if there is a reasonable expectation that he will continue to this casual work. 

If you a long term casual employee, you can —

  • Ask for parental leave
  • Can reject work if you find it unsafe 
  • Apply for more flexible work arrangements
  • Have the right workers compensation
  • Can talk about the conditions at work
  • Have safe pieces of equipment
  • Have the right to reasonable pay and conditions
  • Have to right to learn about work safety
  • Have the right to be consulted regarding workplace safety
  • Have the right to a fair and just workplace

If you have any health concerns, your supervisor or health and safety representative can help you report your problems to your employer on your behalf. Also, if you are working with a labour-hire agency or group training organization, you can report your work health and safety concerns to them.


Location

  • Adelaide

    PK Simpson – Adelaide – TPD Claims, Superannuation Claims

    Address: Level 5, City Central Tower 2, 121 King William Street, Adelaide SA 5000, Australia
    Phone: 1300757467
    Contact Email: enquiries@pksimpson.com.au
    Website: https://www.pksimpson.com.au/
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  • Brisbane

    PK Simpson – Brisbane – Personal Injury Lawyer | Workers, Accident, Claims, Compensation

    Address: Level 23, 127 Creek Street, Brisbane QLD 4000, Australia
    Phone: 1300757467
    Contact Email: enquiries@pksimpson.com.au
    Website: https://www.pksimpson.com.au/
    Opening Hours: Monday 9am–5:30pm
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  • Campbelltown

    PK Simpson – Campbelltown – Personal Injury Lawyer | Workers, Accident, Claims, Compensation

    Address: 12/70 Topham Road, Smeaton Grange NSW 2567, Australia
    Phone: 1300757467
    Contact Email: enquiries@pksimpson.com.au
    Website: https://www.pksimpson.com.au/
    Opening Hours: Monday 9am–5:30pm
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  • Canberra

    PK Simpson – Canberra – Personal Injury Lawyer | Workers, Accident, Claims, Compensation

    Address: Level 4, 15 Moore Street, Canberra ACT 2601, Australia
    Phone: 1300757467
    Contact Email: enquiries@pksimpson.com.au
    Website: https://www.pksimpson.com.au/
    Opening Hours: Monday 9am–5:30pm
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  • Surry Hills

    PK Simpson Compensation

    Address: 11/162 Goulburn St, Surry Hills NSW 2010, Australia
    Phone: 1300757467
    Contact Email: enquiries@pksimpson.com.au
    Website: https://www.pksimpson.com.au/
    Opening Hours: Monday 8:30am–5pm
    Tuesday 8:30am–5pm
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  • Tamworth

    PK Simpson Compensation Tamworth – Injury Accident Lawyers

    Address: 429 Peel St, Tamworth NSW 2340, Australia
    Phone: 1300757467
    Contact Email: enquiries@pksimpson.com.au
    Website: https://www.pksimpson.com.au/
    Opening Hours: Monday 8:30am–5pm
    Tuesday 8:30am–5pm
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  • Darwin

    PK Simpson – Darwin – TPD Claims, Superannuation Claims

    Address: Level 16 Charles Darwin Centre, 19 Smith Street Mall, Darwin NT 0800, Australia
    Phone: 1300757467
    Contact Email: enquiries@pksimpson.com.au
    Website: https://www.pksimpson.com.au/
    Opening Hours: Monday 9am–5:30pm
    Tuesday 9am–5:30pm
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  • Liverpool

    PK Simpson – Liverpool – Personal Injury Lawyer | Workers, Accident, Claims, Compensation

    Address: Level 2/215 George Street, Liverpool NSW 2170, Australia
    Phone: 1300757467
    Contact Email: enquiries@pksimpson.com.au
    Website: https://www.pksimpson.com.au/
    Opening Hours: Monday 8:30am–5pm
    Tuesday 8:30am–5pm
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  • Melbourne

    PK Simpson – Melbourne – TPD Claims, Superannuation Claims

    Address: Level 10, 555 Lonsdale Street, Melbourne VIC 3000, Australia
    Phone: 1300757467
    Contact Email: enquiries@pksimpson.com.au
    Website: https://www.pksimpson.com.au/

  • Newcastle

    PK Simpson – Newcastle – Personal Injury Lawyer | Workers, Accident, Claims, Compensation

    Address: Level 1, 19 Darby Street, Newcastle NSW 2300, Australia
    Phone: 1300757467
    Contact Email: enquiries@pksimpson.com.au
    Website: https://www.pksimpson.com.au/
    Opening Hours: Monday Open 24 hours
    Tuesday Open 24 hours
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  • Parramatta

    PK Simpson – Parramatta – Personal Injury Lawyers | Workers, Accident, Claims, Compensation

    Address: Suite 3, 30 Cowper Street, Parramatta NSW 2150, Australia
    Phone: 1300757467
    Contact Email: enquiries@pksimpson.com.au
    Website: https://www.pksimpson.com.au/
    Opening Hours: Monday 9am–5:30pm
    Tuesday 9am–5:30pm
    Wednesday 9am–5:30pm
    Thursday 9am–5:30pm
    Friday 9am–5:30pm
    Saturday Closed
    Sunday Closed

  • Perth

    PK Simpson – Perth – Personal Injury Lawyer | Workers, Accident, Claims, Compensation

    Address: Level 27, St Martins Centre, 44 St Georges Terrace, Perth WA 6000, Australia
    Phone: 1300757467
    Contact Email: enquiries@pksimpson.com.au
    Website: https://www.pksimpson.com.au/
    Opening Hours: Monday 9am–5:30pm
    Tuesday 9am–5:30pm
    Wednesday 9am–5:30pm
    Thursday 9am–5:30pm
    Friday 9am–5:30pm
    Saturday Closed
    Sunday Closed

  • Sydney

    PK Simpson – Sydney – Personal Injury Lawyer | Workers, Accident, Claims, Compensation

    Address: 70 Macquarie Street, Parramatta New South Wales 2150, Australia
    Phone: 1300757467
    Contact Email: enquiries@pksimpson.com.au
    Website: https://www.pksimpson.com.au/

  • Wollongong

    PK Simpson – Wollongong – Personal Injury Lawyer | Workers, Accident, Claims, Compensation

    Address: Level 1, 1 Burelli Street, Wollongong NSW 2500, Australia
    Phone: 1300757467
    Contact Email: enquiries@pksimpson.com.au
    Website: https://www.pksimpson.com.au/
    Opening Hours: Monday 9am–5pm
    Tuesday 9am–5pm
    Wednesday 9am–5pm
    Thursday 9am–5pm
    Friday 9am–5pm
    Saturday Closed
    Sunday Closed