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What is a casual actually entitled to?

35 quoted answers, each with its source

The short answer

A person is a casual employee only if, at the start of employment, the relationship has no firm advance commitment to continuing and indefinite work and they are entitled to a casual loading or specific casual pay rate under an award, registered agreement or employment contract; this is assessed on the real substance, practical reality and true nature of the relationship, so a regular pattern of work can still be casual, and a person who starts as a casual remains casual until status is changed under Division 4A of Part 2-2, by FWC order under section 66MA or 739, under a fair work instrument, or by accepting another non-casual offer and starting work. Casual employees do not get most types of paid leave, notice of termination or redundancy pay even if they work regularly for a long time; under the NES they get 10 days paid family and domestic violence leave per year and access to a pathway to become permanent, and employers must give a Casual Employment Information Statement before or as soon as possible after start and at set times (for non-small business employers, after 6 and 12 months and then every 12 months); another source lists unpaid carer's, compassionate, family and domestic violence, and community service leave, and its family and domestic violence leave statement conflicts with the Fair Work Ombudsman's paid 10 days. The pathway to permanent employment changed from casual conversion to employee choice on 26 August 2024; a casual employed immediately before that date could issue a notice from 26 February 2025 if not employed by a small business, and from 26 August 2025 if employed by a small business, with older conversion pathways remaining available for some casuals up to 26 August 2025; the exception preventing a casual from being engaged on a fixed term contract does not apply to casual employees employed on a fixed term contract before 26 August 2024. For unfair dismissal, a period of casual service counts toward the period of employment only if the employment was as a regular casual and the employee had a reasonable expectation of continuing employment on a regular and systematic basis; casual shifts can be cancelled or the employee sent home early if not needed, and in theory a casual may decline work but may find refusal difficult when relying on future offers; it is illegal for an employer to dismiss or threaten to dismiss an employee to engage them as a casual to do the same or mostly the same work.

Every part of this comes from the quotes below. How we write these.

What the rules actually say22

Quoted straight from the Fair Work Ombudsman, the Fair Work Act 2009 or the applicable modern award.

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The Fair Work Ombudsman states that casual employment occurs when a person, at the start of employment, has no firm advance commitment to ongoing work and is entitled to a casual loading or specific casual pay rate under an award, registered agreement, or employment contract.

first-party
3 quotes from 1 source
A person is a casual employee if, when they start employment:
the employment relationship has no firm advance commitment to ongoing work, taking into account a number of factors, and
they’re entitled to a casual loading or specific casual pay rate under an award, registered agreement, or employment contract.
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The Fair Work Ombudsman states that whether there is a firm advance commitment must be assessed on the real substance, practical reality and true nature of the employment relationship.

first-party
2 quotes from 1 source
Whether there is a firm advance commitment needs to be assessed on:
the real substance, practical reality and true nature of the employment relationship
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An employee who has a regular pattern of work may still be a casual employee if there is no firm advance commitment to ongoing work.

first-party
1 quote from 1 source
An employee who has a regular pattern of work may still be a casual employee if there is no firm advance commitment to ongoing work.
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The Fair Work Ombudsman states that casual employees do not get…

  • most types of paid leave, even if casual employees work regularly for a long time.
  • notice of termination, even if casual employees work regularly for a long time.
  • redundancy pay, even if casual employees work regularly for a long time.
first-party
1 quote from 1 source
Casuals don't get most types of paid leave, notice of termination or redundancy pay, even if they work regularly for a long time.
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The Fair Work Ombudsman states that under the National Employment Standards casual employees get 10 days paid family and domestic violence leave per year.

first-party
2 quotes from 1 source
Under the National Employment Standards (NES), casual employees get:
10 days paid family and domestic violence leave per year
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The Fair Work Ombudsman states that under the National Employment Standards casual employees get access to a pathway to become a permanent employee.

first-party
2 quotes from 1 source
Under the National Employment Standards (NES), casual employees get:
access to a pathway to become a permanent employee
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The Fair Work Ombudsman states it is illegal for an employer to dismiss or threaten to dismiss an employee in order to engage them as a casual employee to do the same work or mostly the same work.

first-party
2 quotes from 1 source
It’s illegal for an employer to:
dismiss or threaten to dismiss an employee to engage them as a casual employee to do the same work (or mostly the same work).
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The Fair Work Ombudsman cites Fair Work Act 2009 sections 15A, 65, 66A to 66K, 67, 102, 104, 106, 108 and 359B to 359C as the source reference for its casual employees page.

first-party
1 quote from 1 source
Source reference for page: Fair Work Act 2009 sections 15A, 65, 66A–66K, 67, 102, 104, 106, 108, 359B–359C
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The Fair Work Ombudsman states that employers must give casual employees a Casual Employment Information Statement…

  • before or as soon as possible after they start employment.
  • at set times throughout their employment.
first-party
1 quote from 1 source
Employers must give casual employees a Casual Employment Information Statement before or as soon as possible after they start employment, and also at set times throughout their employment.
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The Fair Work Ombudsman states that for employers other than small business employers, the Casual Employment Information Statement must be provided after…

  • 6 months of employment.
  • 12 months of employment.
first-party
1 quote from 1 source
for other employers – after 6 and 12 months of employment, and then after every 12 months of employment.
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Fair Work Act 2009 section 15A(1) makes an employee a casual employee only if the employment relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work.

first-party
4 quotes from 1 source
An employee is a casual employee of an employer only if:
(a) the employment relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work; and
(b) the employee would be entitled to a casual loading or a specific rate of pay for casual employees under the terms of a fair work instrument if the employee were a casual employee, or the employee is entitled to such a loading or rate of pay under the contract of employment.
15A Meaning of casual employee General rule (1) An employee is a casual employee of an employer only if: (a) the employment relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work; and (b) the employee would be entitled to a casual loading or a specific rate of pay for casual employees under the terms of a fair work instrument if the employee were a casual employee, or the employee is entitled to such a loading or rate of pay under the contract of employment.
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Fair Work Act 2009 section 15A(1) makes an employee a casual employee only if the employee is entitled to a casual loading or a specific casual rate of pay.

first-party
5 quotes from 1 source
An employee is a casual employee of an employer only if:
(a) the employment relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work; and
(b) the employee would be entitled to a casual loading or a specific rate of pay for casual employees under the terms of a fair work instrument if the employee were a casual employee, or the employee is entitled to such a loading or rate of pay under the contract of employment.
15A Meaning of casual employee General rule (1) An employee is a casual employee of an employer only if: (a) the employment relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work; and (b) the employee would be entitled to a casual loading or a
f: (a) the employment relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work; and (b) the employee would be entitled to a casual loading or a specific rate of pay for casual employees under the terms of a fair work instrument if the employee were a casual employee, or the employee is entitled to such a loading or rate of pay under the contract of employment.
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Fair Work Act 2009 section 15A(2) requires the absence of a firm advance commitment to be assessed on the basis of the real substance, practical reality and true nature of the employment relationship.

first-party
4 quotes from 1 source
(a) on the basis of the real substance, practical reality and true nature of the employment relationship; and
(b) on the basis that a firm advance commitment can be in the form of the contract of employment or, in addition to the terms of that contract, in the form of a mutual understanding or expectation between the employer and employee not rising to the level of a term of that contract (or to a variation of any such term); and
15A Meaning of casual employee General rule (1) An employee is a casual employee of an employer only if: (a) the employment relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work; and (b) the employee would be entitled to a casual loading or a
Indicia that apply for purposes of general rule (2) For the purposes of paragraph (1)(a), whether the employment relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work is to be assessed: (a) on the basis of the real substance, practical reality and true nature of the employment relationship; and (b) on the basis that a firm advance commitment can be in the form of the contract of employment or, in addition to the terms of that contract, in the form of a mutual understanding or expectati
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Fair Work Act 2009 section 15A(5) provides that a person who commences employment as a casual employee remains a casual employee until one of four specified events occurs, including a change of status under Division 4A of Part 2-2 or by order of the FWC under section 66MA or 739.

first-party
5 quotes from 1 source
A person who commences employment as a casual employee within the meaning of subsections (1) to (4) remains a casual employee of the employer until:
(a) the employee’s employment status is changed to full‑time employment or part‑time employment under Division 4A of Part 2‑2; or
(b) the employee’s employment status is changed by order of the FWC under section 66MA or 739; or
15A Meaning of casual employee General rule (1) An employee is a casual employee of an employer only if: (a) the employment relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work; and (b) the employee would be entitled to a casual loading or a
employment status is changed to full‑time employment or part‑time employment under Division 4A of Part 2‑2; or (b) the employee’s employment status is changed by order of the FWC under section 66MA or 739; or (c) the employee’s employment status is changed to full‑time employment or part‑time employment under the terms of a fair work instrument that applies to the employee; or (d) the employee accepts an alternative offer of employment (other than as a casual employee) by the employer and commences work on that basis.
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Fair Work Act 2009 section 384(2)(a) permits a period of service as a casual employee to count towards the period of employment for unfair dismissal only where the employment was as a regular casual employee and the employee had a reasonable expectation of continuing employment on a regular and systematic basis.

first-party
5 quotes from 1 source
a period of service as a casual employee does not count towards the employee’s period of employment unless:
(i) the employment as a casual employee was as a regular casual employee; and
(ii) during the period of service as a casual employee, the employee had a reasonable expectation of continuing employment by the employer on a regular and systematic basis; and
384 Period of employment (1) An employee’s period of employment with an employer at a particular time is the period of continuous service the employee has completed with the employer at that time as an employee. (2) However: (a) a period of service as a casual employee does not count towards the
(2) However: (a) a period of service as a casual employee does not count towards the employee’s period of employment unless: (i) the employment as a casual employee was as a regular casual employee; and (ii) during the period of service as a casual employee, the employee had a reasonable expectation of continuing employment by the employer on a regular and systematic basis; and (b) if: (i) the employee is a transferring employee in relation to a transfer of business from an old employer to a new employer; and (ii) the o
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Fair Work Act 2009 section 294(2)(c) requires a national minimum wage order to require employers to pay award/agreement free casual employees a casual loading that at least equals the casual loading set for award/agreement free employees.

first-party
3 quotes from 1 source
must require employers to pay, to award/agreement free employees who are casual employees, a casual loading that at least equals the casual loading for award/agreement free employees (as applied to the employees’ base rates of pay).
294 Content of national minimum wage order—main provisions Setting minimum wages and the casual loading (1) A national minimum wage order: (a) must set the national minimum wage; and (b) must set special national minimum wages for all award/agreement free employees in the following classes: (i)
es a base rate of pay that at least equals that special national minimum wage; and (c) must require employers to pay, to award/agreement free employees who are casual employees, a casual loading that at least equals the casual loading for award/agreement free employees (as applied to the employees’ base rates of pay).
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The Fair Work Ombudsman states that employees do not get redundancy pay if they are a casual employee.

first-party
2 quotes from 1 source
Employees don’t get redundancy pay if they:
are a casual employee are a trainee employed only for the length of the training arrangement
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The Fair Work Ombudsman states that the exception preventing a casual from being engaged on a fixed term contract does not apply to casual employees employed on a fixed term contract before 26 August 2024.

medium confidencefirst-party
2 quotes from 1 source
However, a casual can’t be engaged on a fixed term contract if all of the following apply to them:
The exception doesn’t apply to casual employees employed on a fixed term contract before 26 August 2024.

Practical effect4

What is observed to happen in practice, as distinct from what is documented.

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  • A casual employee's shifts can be cancelled.
  • A casual employee can be sent home early if they are not needed by their employer.
1 quote from 1 source
If you are a casual employee, your shifts can be cancelled or you can be sent home early if you are not needed by your employer.
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  • In theory, a casual employee may decline work.
  • A casual employee who relies on their employer to offer them work in the future may find it difficult to refuse hours.
1 quote from 1 source
While in theory you may decline work, it can be difficult to refuse hours if you are relying on your employer to offer you work in the future.

Changed on3

A dated change. This is where advice quietly stops being true.

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A casual employed immediately before 26 August 2024 could issue a notice under the employee choice pathway from 26 August 2025 if employed by a small business.

first-party
3 quotes from 1 source
If eligible, a casual who was employed immediately before 26 August 2024 could issue a notice under the employee choice pathway:
from 26 February 2025, if not employed by a small business, or
from 26 August 2025, if employed by a small business.
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The Fair Work Ombudsman states that the casual conversion pathways available before 26 August 2024 remained available for some casuals up to 26 August 2025.

first-party
1 quote from 1 source
The casual conversion pathways available before 26 August 2024 remained available for some casuals up to 26 August 2025.
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The pathway to permanent employment under the National Employment Standards changed from 'casual conversion' to 'employee choice' on 26 August 2024.

first-party
1 quote from 1 source
The pathway to permanent employment under the NES changed from 'casual conversion' to 'employee choice' on 26 August 2024.

Disputed between sources1

Sources that do not agree, presented without picking a winner.

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The Fair Work Ombudsman states that whether there is a firm advance commitment must be assessed on the real substance, practical reality and true nature of the employment relationship.

first-party
4 quotes from 3 sources
Whether there is a firm advance commitment needs to be assessed on:
the real substance, practical reality and true nature of the employment relationship
The above factors are assessed on the basis of the offer of employment, not on subsequent conduct by the employer or employee.
Indicia that apply for purposes of general rule (2) For the purposes of paragraph (1)(a), whether the employment relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work is to be assessed: (a) on the basis of the real substance, practical reality and true nature of the employment relationship; and (b) on the basis that a firm advance commitment can be in the form of the contract of employment or, in addition to the terms of that contract, in the form of a mutual understanding or expectati

Often said, but we could not find it in the rules5

Lots of people say this. We went looking for an official source that backs it up and could not find one, so treat it as something people repeat rather than something settled.

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Employsure asserts that casual employees are entitled to take unpaid…

  • carer's leave.
  • compassionate leave.
  • family and domestic violence leave.
  • community service leave.
vendor
1 quote from 1 source
Casuals are entitled to take carer’s leave, compassionate leave, family and domestic violence leave, and community service leave, all unpaid.