Casual work is widespread in Australia, but paid leave entitlements remain unclear amid legal and legislative changes.
What the Fair Work Act Says
Under the Fair Work Act 2009, casual employees:
- Do not accrue annual leave or paid personal/carer’s leave.
- Receive a casual loading (usually 25%) to offset the lack of entitlements.
- Are entitled to unpaid leave types, such as unpaid carer’s leave, compassionate leave, and community service leave
Casual Workers Eligible for Paid Leave
Employers fear casuals could ‘double dip’ with 25% loadings plus annual leave, costing up to $8?billion.
The Federal Court ruled that casuals with regular, predictable shifts were permanent and entitled to paid leave.
The Australian Industry Group said the decision would discourage employers bringing on casual workers and hurt the economy.
Casual employees paid loadings shouldn’t later claim permanent entitlements like annual leave.
Robert Rossato worked for WorkPac for 3.5 years as a coal miner, labelled casual but effectively permanent. Despite a 25% casual loading, he was found entitled to leave.
Justice Bromberg ruled that Rossato’s work, involving regular 7-day rosters with 12-hour shifts, was not casual but ongoing.
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Source: Sydney Morning Hearald
Title: Casual workers win big on annual leave, sick leave in landmark ruling
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