The new definition focuses on the initial ‘offer and acceptance’ of casual employment, rather than any later actions of either party. This differs from the approach taken by the Court in the infamous Workpac Pty Ltd v Rossato case (2020), which instead looked at the totality of the employment relationship.
How can this change in definition affect you as an employer? It is important to note that the risk of casual employees claiming to be permanent employees has now changed. If you employ staff on a casual basis, it is important to review your employment contracts to ensure those contracts satisfy the new casual definition. Law firm Gilbert + Tobin recommend that employers: