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ARTICLE · 21 DECEMBER 2016

Does casual service count towards service-based entitlements?

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The FWC noted that continuous service defined by the Act includes a period of regular and systematic casual employment.

AustraliaEmployment and HR
Charles Power
Charles Power
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A recent decision by the Full Bench of the Fair Work Commission (FWC) found that a period of casual employment that is regular and systematic counts as 'continuous service' for the purposes of notice of termination and redundancy pay.

The National Employment Standards (NES) contained in the Fair Work Act 2009 (Cth) (FW Act) provide minimum entitlements to notice periods and redundancy pay based on an employee's service.

Under the FW Act, period of service is the period during which the employee is employed by the employer, but does not include any period of unauthorised absence, unpaid leave or unpaid authorised absence (except community service leave or stand down).

In AMWU v Donau Pty Ltd (2016), a number of permanent shipyard employees who were being retrenched had prior periods of service as casuals. They had been working on a regular and systematic basis, with no break between the casual and permanent periods of service. During their casual employment, the

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