What is the definition of “casual” under the Children’s Services Award?

The Children’s Services Award defines a casual employee as an employee engaged for “temporary and relief purposes”. Following the May 2020 Federal Court Workpac Pty Ltd v’s Rossato (Rossato) decision casual employment can be further defined as:

  • irregular work patterns, uncertainty, discontinuity, intermittency of work and unpredictability
  • a person who stands and waits, or in other words, is only given the opportunity to provide her or his service in response to a specific demand that a period of specific working time be worked
  • an employee’s capacity to choose whether or not to work a period of working time demanded or requested by the employer
  • a provision permitting a short period of notice of termination of the contract.