As more and more people continue to enter the workforce on a daily basis, a key question to consider is “What’s the difference between casual vs part time employment?”
Contrary to popular belief, casual employment is not only for young students who are going to university or school. In fact, depending on the circumstances in your personal life, casual employment or part time employment may be more beneficial than full-time employment. Casual and part-time employment can actually be a great option for many people.
But, what exactly is casual vs part time employment? How to make a decision on which one to choose? It’s extremely important to weigh the benefits and challenges before making a decision. Before we begin with the discussion on casual vs part time employment, let’s briefly outline the other types of employment as well.
Generally, there are four types of employment in Australia:
- Full-time;
- Part-time;
- Casual; and
- Temporary.
If you are looking for flexibility, variety, and the opportunity to explore different industries, a casual and part-time employment is a good match for you. However, if you need predictable hours, benefits, and security, then you may want to consider a full-time job.
Casual vs Part Time Employment: How Do They Differ?
Who is a casual employee? Since 26 August 2024, the Fair Work Ombudsman follows a new definition of a causal employee. As per the Fair Work Ombudsman, a party may be a casual employee when they start employment and:
- there is no firm advance commitment to ongoing work, taking into account a number of factors, including the real substance and true nature of the employment relationship; and
- they are entitled to a casual loading or specific casual pay rate under an award, registered agreement, or employment contract.
On the other hand, a part-time employee:
- Works less than 38 hours per week;
- Has ongoing employment;
- Works set hours and days each week.
Furthermore, part-time employees will be entitled to receive certain leaves. These include:
- Personal or sick leave
- Annual leave
- Long service leave
- Parental leave
- Public holidays
- Paid notice upon termination; and
- Community service leave
Examples of Casual vs Part Time Employment
Some examples of casual work include:
- Retail assistants
- Bartenders
- Cafe baristas
- Receptionists
Some examples of part time work include:
- Nanny
- Receptionists
- Bus drivers
- Security guards
Note that there can be overlap in the examples—for instance, a bartender or barista can either be working on a casual or part time basis. Ultimately, the difference lies in what the employment contract states, and not so much in the type of work itself.
Casual Vs Part Time Employment: National Employment Standards
National Employment Standards or NES are minimum employment entitlements that employers must provide to all employees. For example, NES include public holidays, long service leaves etc.
Casual employees can only receive some NES entitlements, including:
- paid family and domestic violence leave (10 days per year)
- unpaid carer’s leave (2 days per occasion)
- unpaid compassionate leave (2 days per occasion)
- unpaid community service leave
- employee choice about casual employment (access to pathway to become a permanent employee)
Moreover, part-time employees:
- Get paid leave including annual leave, and personal leave including sick and carer’s leave.
- Receive a written notice when their employment ends, or receives payment instead of notice.
Casual Employee Choice Pathway: Can You Change from Casual to Permanent?
From August 2024, casual employees have a new pathway choice. The new change under the National Employment Standards (NES) will create a pathway for casual to part time or full-time employment.
Now, casuals can write to their employers of their intention to change to permanent employment, provided that they are eligible for such a position. The employer can only reject such notice for specific reasons. These reasons could be because:
- The employee still meets the definition of a casual employee
- If they accept the change it means that the employer is not complying with a certain recruitment or selection process that is legally necessary
- There are other reasonable and fair grounds for the employer to not accept the change, including:
- There would be major impacts on the operations of the employer’s business, etc.
What about casual employees engaged after 26 August 2024? Casual employees engaged after this date under the definition of a casual employee will remain so unless there are some changes in their employment status. This depends on if their employment status changes:
- Because of a Fair Work Commission order
- Under a Fair Work instrument
- Under the Casual Conversion or Employee Choice pathways, or
- Because they accept an alternative offer of employment (other than as a casual employee) by their employer.
For more information about this new employee choice pathway, visit the Fair Work Ombudsman website.
Casual vs Part Time Employment Termination
In general, casual workers are not entitled to termination notice. However, policies or contracts from employers may specify notice requirements. For more information, see your contract and any applicable awards.
Moreover, employers can terminate casual employment for any reason, as long as it’s not discriminatory or in retaliation for exercising workplace rights. Examples of non-discriminatory reasons include business needs, poor performance, or misconduct.
On the other hand, part-time workers will be terminated under the same procedures as full-time workers because they get the same minimum benefits as full-time workers, but pro rata.
Ultimately, even though there are broad differences between casual vs part time employment, your employment contract will determine whether you have any additional rights or entitlements. For legal advice, get in touch with a solicitor today.
JB Solicitors’ Employment Lawyers
Regardless of the differences between casual vs part time employment, there can be various issues that arise under employment law. These include unfair dismissal, workplace discrimination, unpaid wages, sham arrangements etc.
Employers may use sham arrangements to avoid paying certain entitlements to their employees These matters can affect both casual and part-time workers, and it is important to obtain legal advice.
JB Solicitors has a team of exceptional employment lawyers with the knowledge and experience to deal with all legal issues. We have an outstanding team who can tackle employment law issues such as workplace bullying, unpaid community service leave, redundancy pay, and even domestic violence leave.
Our lawyers can also assist with employment contracts to make sure that the organisation is following the rules and regulations.
Contact our team for all enquiries.
