Pay rates and wages information for casual staff

This info is not intended to cover all your potential rights and entitlements and you should obtain legal advice about your particular situation before acting on any of the following information. See below for details of JobWatch and the International Student Legal Advice Clinic (ISLAC).

A PDF overview on employment rights is also available:

Employment Rights 64KB

Part-time and casual work

In Australia casual forms of employment have become increasingly widespread. Casual work describes various situations where the employment is not permanent /ongoing. In other words, there is no certainty to the hours, days or shifts you work and there is no guarantee the work will continue to be offered into the future. Casual staff also have different entitlements to permanent and fixed-term employees and are entitled to a higher minimum rate of pay.

Even if you have not been told that you are a casual employee, if you work irregular hours or you do not get paid annual or personal leave (including sick and carer’s leave) then you are most likely being employed on a casual basis.

Although pay rates for casual work can vary quite a lot, there are some basic limits under which pay rates should not drop. The Fair Work Ombudsman website has a section called ‘PayCheck’ where you can search for awards and pay rates online. Go to: www.fairwork.gov.au/pay/paycheck/pages/default.aspx

The following is reproduced from JobWatch’s “Casual Employment” infosheet

Conditions and entitlements for casual workers

In Victoria, your minimum terms and conditions will be specified by one or more of the following:

  • A Modern Award (this is a document that contains terms and conditions of employment for employees in particular occupations or industries. You can find out whether you are covered by an award by calling the Fair Work Infoline on 13 13 94);
  • An Enterprise Agreement ( i.e. a collective agreement) or
  • The National Employment Standards (this is a basic set of 10 minimum conditions).


No award, no enterprise agreement

If you are a casual employee whose minimum terms and conditions are not regulated by an award or enterprise agreement, the following conditions apply (unless you can negotiate better terms with your employer):

  • you are entitled to a flat hourly pay rate (including the casual loading) for every hour you work. You are not entitled to penalty rates for working overtime or on the weekend;
  • you may be entitled to an unpaid 30 minute break for each 5 continuous hours worked;
  • you do not accrue paid leave entitlements such as annual leave or personal leave (ie, you do not get paid sick or carer’s leave);
  • you are entitled to up to two days of unpaid carer’s leave for each time a member of your immediate family or household requires care or support because of illness or injury or because of an unexpected emergency. This period of leave may be taken as a single unbroken period or it may be broken up as agreed between you and your employer. Unpaid carer’s leave is subject to you notifying your employer as soon as reasonably practicable that you need the leave and providing a medical certificate or statutory declaration;
  • You are entitled to 2 days of unpaid compassionate leave for each occasion when a member of your immediate family or household contracts or develops a personal illness or sustains a personal injury that poses a serious threat to his or her life or dies. Strict notice and evidence requirements apply.
  • you are not entitled to payment if you do not work on a gazetted public holiday, even if the public holiday falls on a day when you would usually work;
  • there is no minimum or maximum number of hours that you must be rostered to work;
  • you are not entitled to notice of termination and you do not have to give notice if you wish to resign;
  • you have an entitlement to unpaid parental leave (including maternity, paternity and adoption leave) if you are a casual employee who has been engaged on a regular and systematic basis for at least 12 months.


Award or Enterprise Agreements

If your employment is covered by an award or enterprise agreement, then your minimum terms and conditions of employment may be different than those outlined above. For example:

  • you may be entitled to overtime penalty rates if you are required to work outside of the normal span of hours (eg time and a half or double time for working at night or on weekends);
  • you may be entitled to be paid long service leave on a pro rata basis after completing a period of continuous employment under a continuing contract with your employer for a period of less than 7 years;
  • you may not be entitled to a meal break;
  • there may be a minimum number of hours for which you must be rostered to work on any one shift.
Contracts of Employment

If you are offered a written employment contract:

  • Read it
  • Do not sign anything you do not understand
  • Get advice before signing
  • Get a copy
  • Do not agree to any changes without getting advice first

Everyone who works as an employee has a contract of employment with their employer. Employment contracts come in various forms and can be named different things like: agreements, Australian Workplace Agreements.

Employment contracts do not have to be in writing.

What to do if you think your entitlements are not being met

Get advice! You employer is not allowed to threaten or harass you if you ask about your entitlements. If you receive advice that your employer is not providing you with the appropriate conditions and entitlements – including correct pay rates – you can complain to the Fair Work Ombudsman.

If the employer is located in the Union Building, you can also voice your concern with Dominique Comber-Sticca – Tenancy Administration & Project Coordinator.
ph: 8344 3693
email: d.comber-sticca@union.unimelb.edu.au

Useful Contacts

Student Union Legal Service

The Student Union Legal Service provides confidential legal advice and assistance to all students at the University of Melbourne.

Contact Legal Service

Job Watch

JobWatch is an Employment Rights Legal Centre which provides a free and confidential telephone information and referral service to Victorian workers about their rights at work.

Melbourne residents: 9662 1933
Country Victorian residents: 1800 331 617
www.jobwatch.org.au

Bookmark and Share Bookmark & Share. Posted Thursday 31 March, 2011. Updated Thursday 11 April, 2013.