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ARTICLE · 31 MARCH 2021

Casual relief for employers at last

There is a new definition of Casual Employment & relief against employees double dipping.

AustraliaEmployment and HR

The good news for employers is that with the recent passing of the Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Bill 2021 there is a new statutory definition of what constitutes "casual" employment and relief for underpayment claims from employees incorrectly classified as casual to stop "double dipping".

1. The new definition of what constitutes casual employment

A person is a casual employee if;

  • an offer of employment made by the employer is made on the basis that the employer makes no firm advance commitment to continuing and indefinite work according to an agreed pattern of work;
  • the employee accepts the offer on that basis; and
  • the employee commences employment as a result of that acceptance.

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