Posted on 29 Nov 2023
Ensure you get all of your entitlements as a casual worker over summer
By Slater and Gordon
This time of year is a busy time for workers, especially in spaces such as retail and hospitality.
With the 12th consecutive interest rate rise by the RBA; we understand the pressures many may be facing due to the cost-of-living. It makes sense that many would be considering undertaking a second job over the busy period to earn some extra cash to keep up.
While you might want to pick up the extra shifts it’s important to check you’re getting properly compensated and know your entitlements.
Casual loading
Many people may become a ‘Christmas casual’ over the break. If you are working as a casual, then you’re entitled to be paid a ‘casual loading’.
Casual loading is an extra payment made on top of your fixed hourly pay rate, this happens for casual employees to compensate for the fact that they don’t receive all the same entitlements as a permanent employee, like annual leave and sick leave.
The extra payment or additional rate is usually 25%, however a Modern Award or Enterprise Agreement (EA) may list a different amount so it’s important to check.
Overtime for casual workers
Don’t forget that just because you’re a causal worker doesn’t mean you’re not entitled to overtime!
While your overtime may vary depending on the industry you work in generally, if you work more than 38 hours per week or more than 12 hours per day, then you should receive extra payment for overtime as prescribed by the Modern Award that covers your employment.
For example, the Hospitality Industry (General) Award 2020 stipulates that overtime hours worked by a casual employee on Monday to Friday must be paid at 150% of the ordinary hourly rate of pay (including casual loading) for the first 2 hours and 200% of the ordinary hourly rate of pay after.
Public holiday rates
For a lot of workers the penalty rates applied to working weekends and public holidays is crucial for their income.
Getting short-changed on your penalty rates, is against the law. Ensure your employer is meeting the requirements and providing you with your entitlements during public holiday trades.
Tips for anyone working on public holidays:
- Most workers should be entitled to be paid penalty rates for any work performed on any gazetted public holiday.
- Some workers may also be entitled to be paid for a minimum "shift", even if they work fewer hours on that day.
- Workers should check their relevant Award or Enterprise Agreement to confirm that they are paid their full entitlement for working on these days.
- If a worker believes they have not been paid correctly, they should contact the union that covers their industry or the Fair Work Ombudsman.
Learn more about your rights for working on public holidays.
Get in touch with us today, and talk to our friendly and experienced employment law team to discuss your potential options. Remember, it doesn’t hurt to ask.
Reach out and get in touch with one of our talented employment law team. Consultations are just $660 (including GST).
How does the Gig Economy impact casual workers?
Signing up to the ride-share or food delivery apps is a popular way to make money, and soon all gig economy workers will benefit from minimum pay and protection against unfair deactivation. Under a bill to be introduced by the Albanese government September 2024, the Fair Work Commission will be given the power to set minimum standards for hundreds of thousands of “employee-like workers” on digital platforms from 1 July 2024. These minimum standards include pay, penalty rates, superannuation, payment terms, record.
What do if you’re not getting all your entitlements?
- Contact your union if you’re a member of one. It may be able to help you recover what you’re owed and advise you about options for further action.
- Request help from the Fair Work Ombudsman, which may be able to help you resolve your workplace issue.
- Seek legal advice. Time limits apply and you can make a claim for wages or entitlements owed to you within 6 years of when you were underpaid.
Learn more about Employment Law potential rights and entitlements.
Just entering the workforce and unsure what rights you have?
We’ve created this handy info page for you.
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.