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On 21 July the government announced proposed changes to the JobKeeper program. These changes don’t affect Jobkeeper payments until after 28 September 2020.

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Re: Casual eligibility for JobKeeper

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Newbie

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I have been a casual employee with a business for 2.5 years and work a varying number of shifts and hours each fortnight (depending on budget and rosters set by the company). I have been told that I am not eligible as I do not work on a “regular and systematic basis”. I have tried to ask my employer what criteria they used to determine this as I believe I am eligible. I was told that I need to work 21/26 fortnights in the year to be eligible! This doesn’t seem right to me and I have not seen any such criteria listed on ATO or FairWork websites. Can anyone advise whether or not this is correct?
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Dynamo

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FairWork says - https://www.fwc.gov.au/unfair-dismissals-benchbook/what-dismissal/periods-service-casual-employee

(there is no mention of 21/26 fortnights)

What is employment on a regular and systematic basis?

It is the employment that must be on a regular and systematic basis, not the hours worked.[13] However, a clear pattern or roster of hours is strong evidence of regular and systematic employment.[14]

The term 'regular' implies a repetitive pattern and does not mean frequent, often, uniform or constant.[15]

The term 'systematic' requires that the engagement be 'something that could fairly be called a system, method or plan'.[16]

Where there is no clear pattern or roster, evidence of regular and systematic employment can be established where:

  • the employer offered suitable work when it was available at times that the employee had generally made themselves available, and
  • work was offered and accepted regularly enough that it could no longer be regarded as occasional or irregular.[17]
4 REPLIES 4
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Best answer

Dynamo

Replies 2

FairWork says - https://www.fwc.gov.au/unfair-dismissals-benchbook/what-dismissal/periods-service-casual-employee

(there is no mention of 21/26 fortnights)

What is employment on a regular and systematic basis?

It is the employment that must be on a regular and systematic basis, not the hours worked.[13] However, a clear pattern or roster of hours is strong evidence of regular and systematic employment.[14]

The term 'regular' implies a repetitive pattern and does not mean frequent, often, uniform or constant.[15]

The term 'systematic' requires that the engagement be 'something that could fairly be called a system, method or plan'.[16]

Where there is no clear pattern or roster, evidence of regular and systematic employment can be established where:

  • the employer offered suitable work when it was available at times that the employee had generally made themselves available, and
  • work was offered and accepted regularly enough that it could no longer be regarded as occasional or irregular.[17]
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Newbie

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Thanks I did see that description on FairWork and believe that I definitely meet that criteria! I suspect that my employer has created their own set of criteria for determining eligibility (I.e must have worked 21/26 fortnights in the last 12 months).

Dynamo

Replies 0

Sounds like you are right about your employer making up their own criteria!

Good luck

 


@Sness wrote:
Thanks I did see that description on FairWork and believe that I definitely meet that criteria! I suspect that my employer has created their own set of criteria for determining eligibility (I.e must have worked 21/26 fortnights in the last 12 months).

 

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Dynamo

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This might be more useful (again, no mention of 21/26 fortights, in fact it says that work does not need to be frequent):

https://fairworklegaladvice.com.au/casuals-what-does-regular-and-systematic-mean/

In Ponce, Commissioner Roe stated (at [76]):
“In situations where there is not a clear pattern or roster of hours and days worked or a clear agreed arrangement between the employer and the employee, then evidence of regular and systematic employment can be established where:
• The employer regularly offers work when suitable work is available at times when the employer knows that the employee has generally made themselves available; and

• Work is offered and accepted sufficiently often that it could no longer be regarded as simply occasional or irregular.”