Our ATO Community is here to help make tax and super easier. Ask questions, share your knowledge and discuss your experiences with us and our Community.
Thanks for joining the conversation.
We have some information on our website about who is considered a long-term casual employee that you can check out. We suggest that you have a look at the examples.
It is important to note that a casual employee is likely to be employed on a regular and systematic basis with a recurring work schedule or a reasonable expectation of ongoing work. What that means is that you don't necessarily need to be doing lots of hours to be eligible. Where there is a pattern of work with hours offered and accepted regularly, that would indicate that you're eligible.
Good luck with it all.
Hi - what about a scenario where there is a casual employee who has worked for years but may have periods where they don't work at all. For example a parent may work during school term but not during school holidays?
Thanks for reaching out and apologies for the delay.
If you have been employed by your employer for over 12months on a consistent working arrangement, you are considered to be employed for that period of time as there was a reasonable expectation of ongoing work.
We have information about who is considered a long-term casual employee on our website.
Fair Work has provided additional guidance on employee and employer obligations – see JobKeeper changes to the Fair Work Act.
I hope this helps.
Thanks for reaching out again.
A clear pattern or roster of hours is strong evidence of regular and systematic employment even if staff take leave for school holidays as you have mentioned..
The term 'regular' implies a repetitive pattern and does not mean frequent, often, uniform or constant.
The term 'systematic' requires that the engagement be 'something that could fairly be called a system, method or plan'.
Where there is no clear pattern or roster, evidence of regular and systematic employment can be established where:
You need to assess if your employees work history over the relevant 12 months is deemed systematic and regular based on the guidance available. The above information has been provided by the Fair Work Commission and all previous links should be able to assist you as well.
Hope this helps.
Tell us about your ATO Community experience and help us improve it for everyone.Provide feedback