Important New Employment Laws for Casuals
Peter Spark • October 15, 2024
Changes to Employment of Casual Staff
Changes to employment of casual employees took effect on August 24th, 2024. As part of a wider range of new or amended provisions for employers, The Fair Work Act definition of a casual employee has substantial ramifications for employers.
Firm Advance Commitment
One of the big changes is the new definition of a casual employee. One of the lesser-known changes is outlined in Section 15A(3) of the Act. It deals with the real or practical substance of the employment relationship. In other words, an employment contract on its own is not enough to insulate or protect employers from a claim. And unless you also have set off clauses and rates of pay explained and broken down correctly in your employment agreement, that claim could be very costly.
A firm advance commitment from an employer to a casual employee can be demonstrated through various actions and statements. Here are some examples of what an employer might say or do that could indicate such a commitment:
- Regular Scheduling: Consistently scheduling the employee for a set number of hours each week over an extended period suggests an ongoing need for their services.
- Promises of Future Work: Explicitly stating that the employee will be needed for upcoming projects or shifts can imply a commitment to continued employment.
- Indications of Long-Term Employment: Discussing the employee's role in the context of long-term goals or projects, rather than just temporary or sporadic tasks.
- Training and Development: Investing in the employee's training or development for specific tasks or roles may indicate a commitment to their ongoing employment.
- Feedback and Performance Reviews: Conducting regular performance reviews and providing feedback on how the employee fits into the team or future plans can signify a commitment.
- Inclusion in Team Meetings: Actively including the casual employee in team discussions, planning sessions, or decision-making processes can show that they are valued as part of the team.
- Communication of Benefits: Discussing terms typically associated with permanent roles, such as leave, returning after Christmas break etc, even if not formally granted, can signal a firm commitment.
- Expressing Dependency: Providing elevated responsibilities to a casual employee for specific tasks or projects can imply a long-term need for their services.
- Consistency in Work Hours: Offering consistent hours over a significant period, even if technically classified as casual, could demonstrate an expectation of ongoing work.
Casual Employee Rights and Remedies
If an employer classifies a worker as a casual employee when they should be employed as a full-time or part-time employee, the costs and consequences could be substantial:
- Back Pay: Employers may be required to pay back pay to the employee for any entitlements they missed out on, including annual leave, personal leave, and other benefits associated with full-time or part-time employment.
- Fines and Penalties: The Fair Work Ombudsman can impose significant fines on employers for breaching employment laws. These fines can vary depending on the severity and nature of the breach.
- Breach of Award or Agreement: If the employee is covered by a specific modern award or enterprise agreement, the employer may face penalties for failing to adhere to the terms outlined in that document.
- Compensation Claims: Employees may lodge a claim for compensation through the Fair Work Commission or other legal avenues if they believe they have been unfairly treated or denied their entitlements.
- Legal Costs: Employers may incur legal costs if disputes arise and require legal representation or if cases are brought before tribunals or courts.
- Increased Scrutiny: Once a breach is identified, an employer may be subject to increased scrutiny from regulatory bodies, which could lead to further investigations into their employment practices.
What should employers do?
- Update your employment agreements for casual employees. These are not minor changes, there are a range of terms and provisions which must be part of your employment agreements for casual employees.
- Review how you manage causal employees, particularly hours of work and duration of employment. The practical relationship between you as the employer and the casual employee is also assessed when determining whether or not the employment arrangement is of a casual nature.
- Engage a labour hire agency, because the triangular relationship offers a unique safeguard for Company’s. For this to be effective, the agency must have the right employment agreements in place with their casual employees.
- Consult with legal or employment law specialists.
To assist with the update to your employment contract, you are welcome to download our Example Casual Employee Agreement which includes highlighted sections and clauses to accommodate the necessary changes to employment of casual workers.
Please note this is only an example, IRP strongly recommends seeking legal advice before implementing or modifying your employment agreements.
If you have any questions or would like to discuss the best way to engage and manage casual employees, please contact Peter Spark at IRP by email at peter@irp.net.au or call 0418 905 376.
Join Our Mailing List
Interested in receiving more content similar to this straight to your inbox each month? Sign up to our mailing list below!
We can resist it or embrace it, either way Gen Z is reshaping workplaces. This generation of employees will change how Australian workplaces function, influencing shifts in work preferences, technology and workplace culture. Read our latest article to find out how to embrace Gen Z transformation in the workplace and how to prevent Generation Z from job hopping.
In an environment where Australia’s productivity growth is lagging, the onus falls on businesses and their leaders to drive meaningful change. As this article highlights, boosting labour productivity doesn’t require radical innovation or world-first breakthroughs. It’s about consistently applying proven strategies: investing in training, refining processes, leveraging technology, and creating a culture where employees are engaged and empowered to perform at their best.
Learn how to spot early signs of burnout in blue collar workers. This manager’s guide covers key symptoms, causes, and strategies for timely support.
Learn how to handle employee absenteeism in blue-collar workplaces. Discover strategies to prevent no-shows and take legal steps if needed.
Struggling to find reliable workers? Discover how a skilled employment agency like IRP helps businesses save time, reduce turnover, and secure top talent.
The 2025 Australian employment landscape presents both challenges and opportunities. High job participation offers a larger talent pool, but skills shortages and cost-conscious hiring demand innovative recruitment. Our blog dives into some key findings on the Australian Employment Outlook 2025 to help your business prepare.
Horticultural labourers and landscapers play a pivotal role in designing, maintaining, and enhancing outdoor spaces. While landscaping is often associated with creating visually appealing gardens and outdoor environments, the field is broad and includes many practical, hands-on roles focused on maintaining and improving functional outdoor areas. This article explores the responsibilities and duties of horticultural labourers and related job roles. From garden maintenance to commercial landscaping, these professionals help create and maintain outdoor spaces, ensuring they remain safe, attractive, and functional. Responsibilities and Duties of a Landscaper The responsibilities of a landscaper can vary depending on the specific role, but common duties include: General Maintenance : Tasks such as mowing lawns, watering plants, and weeding flower beds to maintain gardens and landscapes. Installation of Features : Setting up landscape features like retaining walls, water features, and outdoor lighting systems. Plant Care : Planting and maintaining flowers, bushes, hedges, and trees, ensuring their growth and health. Pest and Soil Management : Applying fertilisers, managing pests, and ensuring soil quality to support plant health. Maintenance Equipment Operation : Operating tools and machinery like lawn mowers, hedge trimmers, leaf blowers, and sprinkler systems. Cleaning and Repairs : Cleaning walkways, removing dead plants, and trimming overgrown limbs to keep outdoor spaces safe and tidy. Commercial Landscaping : Working on large-scale projects for office buildings, shopping centres, golf courses, and public spaces. Types of Roles in the Landscaping and Horticulture Industry Horticultural labourers can specialise in various areas, and job titles often reflect their specific responsibilities. These roles include: Groundsman Groundsmen are responsible for maintaining large outdoor areas such as parks, sports fields, and golf courses. Their duties include lawn care, irrigation management, and ensuring the safety of outdoor spaces. Garden Maintenance Worker These professionals focus on keeping gardens healthy and aesthetically pleasing. Tasks include trimming hedges, planting decorative bushes, and cleaning flower beds. Landscaping Assistant Often an entry-level position, landscaping assistants support experienced landscapers in installing and maintaining outdoor spaces. This role provides valuable on-the-job training for those new to the industry. Landscape Gardener Landscape gardeners blend gardening skills with design knowledge. They create and maintain beautiful outdoor spaces for residential and commercial properties. Horticulturist Horticulturists specialise in plant cultivation, focusing on areas like soil science, pest management, and irrigation systems to ensure plants thrive. Skills and Qualifications Needed for Landscaping Jobs A successful career in landscaping and horticulture requires a mix of practical skills, physical stamina, and specific knowledge. Here are some essential attributes and qualifications for aspiring landscapers: Skills Physical Stamina and Manual Dexterity : Landscaping is physically demanding, requiring strength and coordination. Organisational Skills : Managing multiple tasks and ensuring projects are completed on time. Critical Thinking : Solving problems like managing pests or repairing irrigation systems. Knowledge of Plants and Soil Science : Understanding how to care for various plants and maintain soil health. Safety Awareness : Preventing accidents while using maintenance equipment and working in outdoor environments. Qualifications Certificate III in Horticulture or Landscape Construction : Provides foundational knowledge and practical skills for landscaping roles. On-the-Job Training : Many roles offer training opportunities to develop expertise in areas like irrigation, pest management, and equipment operation. Equivalent Qualification : Other certifications or apprenticeships can also prepare individuals for landscaping careers. Qualifications Certificate III in Horticulture or Landscape Construction : Provides foundational knowledge and practical skills for landscaping roles. On-the-Job Training : Many roles offer training opportunities to develop expertise in areas like irrigation, pest management, and equipment operation. Equivalent Qualification : Other certifications or apprenticeships can also prepare individuals for landscaping careers. Day-to-Day Landscaping Job Details Landscapers’ daily activities can vary depending on their specific role, but here are some typical tasks: Morning Routine : Inspecting outdoor areas, preparing tools, and planning the day’s tasks. Garden Maintenance : Mowing lawns, trimming hedges, and applying fertilisers. Feature Installation : Constructing retaining walls, installing outdoor lighting, or planting new decorative bushes. Irrigation Work : Installing or repairing sprinkler systems and ensuring plants receive adequate water. General Cleanup : Removing harmful insects, clearing overgrown limbs, and cleaning walkways. Advancing in the Landscaping Industry Landscaping offers numerous opportunities for career growth. Entry-level roles like Landscaping Assistant or Garden Maintenance Worker provide hands-on experience, while additional training can lead to specialised positions such as Horticulturist or Landscape Architect. Pathways for Career Development and On-the-Job Training Starting Small : Begin as a Yard Maintenance Worker or Lawn Mower to gain experience. Gaining Qualifications : Complete a Certificate III or IV in horticulture to access advanced roles. On-the-Job Training : Learn practical skills while working under experienced professionals. Specialising : Focus on areas like pest management, irrigation systems, or landscape design. Starting a Business : Many landscapers eventually become self-employed, enjoying the freedom to choose projects and clients. Projected Job Growth The landscaping industry is growing, with high demand for skilled professionals. Over 300,000 landscaping professionals are hired annually, and the field is projected to grow by 13.5% in the next five years. Why Choose a Career in Landscaping? A career in landscaping offers several benefits, including: Working Outdoors : Escape the office and enjoy a hands-on job in nature. Job Variety : Engage in diverse tasks, from planting flowers to designing outdoor spaces. Career Stability : With consistent demand, landscaping offers job security. Physical Activity : Stay fit and active through physically engaging work. Tips for Becoming a Landscaper or Horticultural Labourer If you’re considering a career in horticulture or landscaping, here are some steps to get started: Research the Industry : Talk to professionals and learn about the roles and responsibilities. Gain Basic Skills : Familiarise yourself with maintenance equipment like lawnmowers and hedge trimmers. Pursue Training : Enrol in courses or apprenticeships to build your expertise. Start in Entry-Level Roles : Gain practical experience as a Landscaping Assistant or Garden Maintenance Worker. Build Your Network : Connect with landscaping companies and professionals to find job opportunities. Next Steps Horticultural labourers and landscapers are essential to maintaining and improving outdoor environments, from public spaces to private gardens. Whether you’re interested in maintaining gardens, operating maintenance equipment, or working on large-scale commercial projects, this field offers diverse opportunities for growth. If you’re a business looking to recruit for a horticulture role or an individual aiming to advance your career in this thriving industry, we’re here to help. Contact us today to connect with the right opportunities or talent in the horticulture and landscaping sectors.
Streamline your hiring process and attract top talent with actionable recruitment tips. Learn how to improve your hiring workflow with IRP. Read more here.
With shifting workforce demographics, technological change, and a persistent tight market for skilled employees, businesses will need to adapt their strategies to attract, retain, and develop talent effectively in 2025. Learn how to keep up in our latest article!
’Tis the season for festive lights, presents and too much of a good thing. That might be fine at home, but things can get a little tricky when all that Christmas stuff happens at work. What about the infamous work party - a wonderful opportunity to thank your team for their hard work and celebrate together, but can also bring challenges like excessive drinking, disagreements or even inappropriate Secret Santa gifts..
