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Casual Employee - Definition of 'regular and systematic'?

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Newbie

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We have a number of long term casuals who are students and have had small breaks to go travelling or for exams etc where they have not been paid (up to 3m). They have been employed for many years with what would generally be considered regular work though. 

 

If we start paying them, what guarantee do we have that we will be re-imbursed? How can we get confirmation on what the ATOs STP algorithm will or will not flag as 'eligible'? How many shifts or how much in earnings through STP will class a casual as 'regular'?

 

Also, can we confirm that we can pay 'stood down' casual employees if we have ceased trading and they are not performing duties (as you can technically only 'stand down' a permanent employee - casuals simply dont get shifts)

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Devotee

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I havent' seen any info on the test for regular and systematic but it sounds like though your casuals have taken leave here and there, they work in some form of repetitive pattern. If you've had to cut eligible casuals as a result of COVID-19, I think it would be fair to say they have been 'stood down'. As long as they don't have another permanent employer then you can claim JobKeeper for them. 

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Most helpful response

Devotee

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I havent' seen any info on the test for regular and systematic but it sounds like though your casuals have taken leave here and there, they work in some form of repetitive pattern. If you've had to cut eligible casuals as a result of COVID-19, I think it would be fair to say they have been 'stood down'. As long as they don't have another permanent employer then you can claim JobKeeper for them. 

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ATO Certified Response

Community Support

Replies 6

Hi @GChess,

Thanks for the question and as @etchasketch advised the casuals who have been ‘stood down’ potentially would be eligible if they do not have another employer, refer to the eligibility guidelines.

To help determine if the casuals who take small breaks would be eligible we have updated our website with information about Who is considered a long-term casual employee

Hopefully this helps, SueO

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Initiate

Replies 5

SueATO,

 

The link to "who is considered a long term employee" does not seem to work, can you post it again please

 

CB

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Community Support

Replies 4

Hi @CSB 

 

The link has been now been updated

 

Thanks

JoA

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Initiate

Replies 3

Dear JoA,

Thank you, I have a further question though;

The examples use different wording 

"for a period of 12 months"

"for less than 12 months"

The legislation actually says

"during the period of 12 months"

 

So my question is, where does it say, in the legislation that a casual worker has to be both "regular and systematic" and "for a period of at least 12 months"

 

It just says during. That does not mean the full 12 months;

 

Therefore, someone employed as a casual who has worked by a roster, doing full-time hours, on a regular and systematic basis for 10 months is eligible, providing the 10 month period was "during the period of 12 months that ended on March 1st"

 

If this is not correct can you please point me to the section in the legislation that proves this

 

Regards

 

CSB 

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Community Support

Replies 2

Hi @CSB

 

The post from SueO really shows our understanding on this. See Who is considered a long-term casual employee above. It  does set out the 12month minimum requirement for casuals here and some various ways that it may apply.  For further detail your welcome to examine the Legislative Instrument.

 

Kind regards

MarkATO

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Initiate

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MarkATO,

 

Thank you for the reply but the link does not show where the term "at least 12 months" actually comes from.

 

Also, I have read the instrument, and I cannot find it in their either.

 

Can you please post the actual phrase or pinpoint it for me.

 

CSB

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Community Support

Replies 0

Hi @CSB

 

Thanks for contacting ATO Community. 

 

The information in this link: Who is considered a long-term casual employee can help you with determine eligibility.

 

You’re eligible if you’re a long-term casual employee and have been with your employer on a regular and systematic basis for at least 12 months as at 1 March 2020. If you’re a long-term casual and have other permanent employment, you must choose your permanent employer – you cannot be nominated by your casual employer.

 

Although the ATO administers the law, it doesn’t create it. Due to Covid 19 there have been changes to employee and employer obligations – you can refer to the JobKeeper changes to the Fair Work Act for more details.

 

I hope this information is helpful and you remain well during this time.

 

MariR