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ARTICLE · 15 DECEMBER 2019

Is your casual farm worker now a permanent employee?

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Employers in the agricultural industry should review the employment arrangements currently in place for casual workers.

AustraliaEmployment and HR
Kylie Wilson
Kylie Wilson
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Casual workers can be a fantastic resource for farmers ready to reap a bountiful harvest, or complete laborious one-off tasks on a property.

However, what happens if you start regularly engaging the same labourers to work on additional tasks? Do they become permanent employees entitled to receive paid annual leave?

An employee's right to paid annual leave is secured by the National Employment Standards (NES) contained the Fair Work Act 2009 (Cth) (Act), regardless of any industrial instrument. However, the right to annual leave under the NES does not apply to casual workers.

Despite this the Act does not define what it means to be a 'casual' worker, and instead, has left this to the courts to decide.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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