Casual Employee (New Definition)
An employee whose employment relationship lacks a firm advance commitment to continuing and indefinite work, and who is entitled to a casual loading or specific casual rate of pay.
Definition
The Act amends Section 15A of the Fair Work Act 2009 (Cth) to redefine 'casual employee'. Under the new definition, an employee is casual only if their employment relationship is characterized by an absence of a firm advance commitment to continuing and indefinite work, AND they are entitled to a casual loading or a specific rate of pay for casual employees under a fair work instrument or their contract. The assessment of a 'firm advance commitment' requires considering the 'real substance, practical reality and true nature of the employment relationship', moving beyond solely contractual terms to a holistic view of the working arrangement.