Your rights and entitlements as a casual employee

What can I do if I am sacked?

The Federal Government has introduced changes to Industrial Relations legislation that now makes it LEGAL for an employer to sack you for any reason or no reason at al, if you work in a workplace of less than 100 employees.  Because this law has been written so badly and has been created to benefit employers only, it is essential you seek advice from a union or an employee advocate like the Young Workers legal Service if you are sacked.

It is however still illegal for an employer to sack you if:

Or, on any grounds for discrimination:

Contact your union or the Young Workers  Legal Service on 8279 2233 if you believe you have been sacked.  They will be able to give you advice as to whether you have legal grounds to pursue a claim.


Do I have any rights if I am discriminated against or sexually harassed at work?

Absolutely. All workers are protected by State and Federal Government Equal Opportunity laws and it is important that you speak to someone if you are feeling harassed or discriminated against at work.

Am I entitled to workers compensation if I am injured at work?

Yes. All workers regardless of whether you are casual, part time or full time are covered by workers compensation law.

Am I entitled to superannuation?

All employers are required to pay an extra 9% in superannuation to employees who earn over $450 per month and, if aged under 18, work at least 30 hours per week. The additional money is paid into an eligible superannuation fund.

What are the minimum number of hours my employer has to give me each week?

None. Your hours are dependent on the demand for work and could mean that you receive 12 hours one week and none the next. Some casuals believe they are entitled to a minimum of 3 hours per week but this is incorrect.

What is the minimum number of hours per shift?

It depends on the type of work you do and the type of award or enterprise agreement you are employed under. However it is generally 3 hours for retail stores and 2 hours for fast food stores.

Is it my responsibility to ring my employer to see if I have been rostered any hours?

No, it is your employers responsibility to advise you of your hours.

What can I do if I believe my employer is not paying me a casual loading?

You should seek advice from your union or an employee advocate like the Young Workers Legal Service. Depending on your situation, you may be able to claim an underpayment of wages.

How much notice do I have to give to resign?

As casuals are employed on an hourly basis, you are only required to give one hours notice.

I have been told that casual workers cannot join a union?

This is not true. All workers are entitled by law to join a union of their choice.

Where can I get more information about my rights and conditions as a casual worker?

If you are a union member, contact your union.

If you are not a union member, contact the Young Workers Legal Service on phone: (08) 8279 2233