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Understanding Employment Rights in Australia: A Guide to Full-Time, Part-Time and Casual Employment

In the Australian employment landscape, there are primarily 3 categories of employment: full-time, part-time, and casual. In this article we’ll delineate the key distinctions among these employment types in terms of rights and entitlements as per the Fair Work Act 2009 (FW Act). As a legal safeguard, the FW Act enforces employer obligations and safeguards employee rights, striving for an equitable workplace for all.

FULL-TIME

Firstly, let's delve into the realm of full-time employees who are typically employed on a permanent or fixed-term contract basis. The average working hours for a full-time employee are 38 hours per week, as dictated by the employee's contract, award, or registered agreement. These employees enjoy an array of leave entitlements including paid annual, sick, personal/carer's, parental leave and family and domestic violence leave. Alongside earning the minimum wage, full-time employees are also eligible for penalty rates for work beyond regular hours or on public holidays. Additionally, they have the privilege of requesting flexible working arrangements, and are protected by workplace safety laws.

 

PART-TIME

Part-time employees, much like full-timers, can also be employed on a permanent or fixed-term contract basis. They typically work less than 38 regular hours per week. Part-timers are privy to pro-rata paid annual, sick, personal/carer's, parental leave and family and domestic violence leave, meaning they receive benefits proportional to their working hours. Moreover, they are entitled to the same minimum wage and penalty rates as full-timers, albeit on a pro-rata basis. They too can request flexible work arrangements and are protected by workplace safety regulations.

 

CASUAL

Lastly, let's turn our attention to casual employees, a prevalent employment type in sectors like hospitality and retail in Australia. Casual employees work as required by the employer and do not have guaranteed or regular hours. While they aren't entitled to paid annual or sick leave, they do have the right to two days of unpaid carers and compassionate leave per occasion along with family and domestic violence leave. In lieu of the lack of paid leave, casual employees receive casual loading, an extra payment over their base hourly rate. Like their full-time and part-time counterparts, casual employees can request flexible work arrangements and are entitled to a safe working environment.

 

It's worth noting that a new entitlement introduced in early 2023, the family and domestic violence leave, now forms part of the National Employment Standards (NES) for all types of employment. Employees of small businesses (15 employees or less) are entitled to 5 days of unpaid leave per year until 1 August 2023, and subsequently 10 days of paid leave per year. Employees of larger businesses are already entitled to 10 days of paid leave per year.

 

To summarise, each type of employment in Australia has specific rights and entitlements designed to protect the workforce and create an equitable and safe workplace. Understanding these differences can greatly assist both employers and employees in navigating their roles and responsibilities effectively.

Contact us today to learn how we can assist you on your entrepreneurial journey. To get in touch you can connect with us on (03) 8691 3111 or send us an email at hello@alliedlegal.com.au

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