Permanent vs casual workers’ rights in Australia

In Australia, your rights as a worker can differ when it comes to your type of employment.

Understanding these differences is crucial because it affects your job security and what on-the-job wages and entitlements you receive.

One of the factors that determines your rights is whether you are permanent or not. Full-time work is an example of a permanent role, and casual employment is an example of work that is not permanent.

Full-time

As a full-time worker, you will receive a fixed salary or hourly wage with guaranteed hours (usually 38 hours) and be able to access all the minimum conditions laid out in the National Employment Standards.

This includes a range of benefits, from paid annual, compassionate and sick leave, to guaranteed consistent hours each week — making this form of work safer and more secure.

You may also benefit from bonuses, annual pay increases, and other financial benefits.

Pay and working hours

As a full-time worker you will earn a steady, reliable income.

Another important benefit to being a permanent employee is that you are entitled to superannuation contributions from your employer, which must be no less than 11.5%, of your ordinary earnings (unless you are under 18 years of age and work less than 30 hours in a week).

Job security and termination

Your job security is also greater compared to casual workers. You are entitled to notice of termination and, in some cases, a redundancy payment.

After completing a minimum employment period (usually 12 months for small businesses, and 6 months for larger), you are protected by unfair dismissal laws. This means if you believe you are sacked in a way that is harsh, unreasonable or unjust, you can make an unfair dismissal claim to the Fair Work Commission within 21 days. If you are a union member, your union will be able to help you lodge this appeal and support you throughout the process.

Casual

Casual employees are hired on a more flexible arrangement and don’t have guaranteed hours. While you may be offered ‘full-time’ hours at times, your shifts can fluctuate from week to week.

Pay and working hours

As a casual worker you will typically earn a higher hourly rate compared to a full-time employee, receiving a ‘casual loading’. This premium compensates for the absence of benefits like paid annual leave.

The amount of loading you receive depends on the Award or agreement and casual workers who earn the national minimum wage or above must get at least a 25% loading.

If you work casually, you are also entitled to superannuation contributions from your employer, which operates in the same way as if you were working full-time.

Job security and termination

While you may enjoy more flexibility as a casual worker, you also have less job security and are not guaranteed ongoing work.

However, thanks to union members, as of 26 August 2024, casual workers enjoy new rights!

Long-term casuals (those employed regularly for at least 6 months with a larger employer) now have the right to request permanent employment or take unpaid leave in certain situations, enhancing workplace health and safety and promoting a more inclusive workplace. Casual workers who work for a small business (defined as less than 15 employees) can make the same requests after 12 months.

The best way to ensure you’re getting your entitlements

Whether you work full-time or on a casual basis, by joining your union, you gain access to vital support and guidance to ensure you’re receiving the pay and conditions you’re entitled to, including addressing issues like workplace sexual harassment, discrimination and bullying.

Understanding your rights is key to making informed decisions.