Run a casual conversion audit every 6 months. EmployeeServe’s HR Health Check can flag which of your “casuals” are actually permanent employees in disguise. Trap #2: Guessing Which Modern Award Applies “She’s an admin – that’s the Clerks Award.” “He drives a delivery van – maybe Road Transport?” Sound familiar?
Under the Fair Work Act (especially post- Closing Loopholes ), if a casual employee has a predictable, regular pattern of work that continues indefinitely, they now have a legal pathway to convert to permanent – and claim back-pay for sick leave, annual leave, and public holidays .
What counts as “unreasonable”? That’s still being tested, but a good rule: if you’re messaging at 9pm about tomorrow’s deadline, you’re taking a risk.
In 2024, the Fair Work Ombudsman (FWO) is laser-focused on , misclassification , and record-keeping failures . And with the new Closing Loopholes Act changes, old assumptions can land you in hot water fast.
Here are three traps we see small-to-midsize Aussie employers fall into – and how to escape them. You have a team member who’s been on a casual contract for 18 months. They work the same 9am–5pm shift every Tuesday and Thursday. You pay casual loading. All good, right?
Think your casual payroll is fine? Think again. EmployeeServe breaks down 3 costly Fair Work mistakes and how to fix them before the ombudsman calls. Introduction