Subscribe Now

Simply Enter Your Details To Find Out How
We Can Help Your Business


Ready to go on a Discovery?


To Book your Employee Metrics Lite session, please fill in the details below and we will be in contact.

Apply Now

Please fill up the fields below
Employee Matters Logo
Get in Touch Get in Touch (02) 8021 4206
  • HR Services
        • Outsourced HR
        • How We Work - HR
        • Employee Metrics - Data Diagnostics
        • Featured Industries:

        • Australian Startups
        • Finance, Insurance and FinTech
        • Featured Solutions:

        • HR Consulting
        • Workplace Training
        • HR Policies & Procedures
        • Employee Assistance Program (EAP)
        • Products and Packages

        • We deliver measurable results through great HR:

        • Hear What Our Clients Say
  • Recruitment Services
        • Outsourced Recruitment
        • Featured Solutions:

        • Tiered Recruitment Packages
        • Recruitment Partner Service (RPS)
        • Learn More:

        • Hiring Manager Training
        • Why Choose Us for Recruitment?
        • How We Work (RPS)

        • We’re not an agency, and our clients love that:

        • Hear What Our Clients Say
  • About Us
    • About Employee Matters
    • Meet the Team
    • What Our Clients Say
    • Referrals and Partnerships
    • Core Values and Vision
  • Resources
        • The Latest:

        • News and Media
        • Blog Articles
        • Videos and Webinars
        • Featured Content:

        • ER Legislation Resource Hub
        • e-Book: 7 ER Risks for Employers
        • Downloads and Knowledge Hub:

        • HR Forms & Checklists
        • 'Working From Home' Pack
        • HR & Recruitment FAQ’s
        • Book: "From Hire to Fire"
        • From the Archives:

        • 'Employees Matter' Podcast
  • Jobs
  • Contact Us

More Changes to the Regulations around Casual Workers

More Changes to the Regulations around Casual Workers

Home » More Changes to the Regulations around Casual Workers

January 2, 2019
  • Natasha Hawker HR recruitment expert
    Written by Natasha Hawker
    Founder and Managing Director

    Natasha is a leading HR expert, entrepreneur, author and sought-after media commentator for outlets such as Sunrise (Channel 7), ABC Radio and The Australian Financial Review. Natasha co-founded Employee Matters in 2011 to help Australian businesses achieve success through their people.

By Catherine Tratsellas

As we have highlighted in previous articles, a recent Federal Court of Australia decision found that employers who incorrectly classify and pay employees as casual, instead of full-time or part-time, could be responsible for backpaying various entitlements (e.g. annual leave) under the National Employment Standards (NES).  However, the case did not that suggest backpay for these leave entitlements should take into account the casual leave loading (usually 25% of hourly rate), already paid to the worker, when calculating backpay. Many saw this as allowing ‘double dipping’.

In an effort to avoid this ‘double dipping’, where the employee receives both a casual loading and the entitlements that the casual loading is paid in lieu of, the Fair Work Amendment – (Casual Loading Offset Regulations 2018) was recently introduced.

What has changed?

The new regulation clarifies that employers, in certain circumstances, may claim that an employee’s casual loading payments should be offset against certain NES entitlements owing to the employee.

How does the new regulation work?

The new regulation applies where all of the following criteria are met:

  1. An employee is employed by the employer on a casual basis
  2. The employee is paid a casual loading, that is clearly identifiable as being an amount paid to compensate the person, in lieu of entitlements that casual employees are not entitled to under the NES, such as personal or annual leave
  3. Despite being classified by the employer as a casual, the employee was, in fact, a full-time or part-time employee, for some of all their employment
  4. The employee has made a claim to be paid for one or more of the NES entitlements (that casual employees do not have) that they didn’t receive, for all or some of the time that they were incorrectly classified as a casual

If these points are satisfied, an employer can make a claim to have the casual loading payments made to the employee taken into account when working out the entitlements owing to the employee.

When does this change come into effect?

This regulation came into effect on the 18th of December 2018 and applies to employment periods that occurred before, on, or after this date.

What should you do as an employer?

Despite this welcome change for employers, it is still crucial that businesses ensure that employees are properly categorised as to the basis of their employment, whether it be full-time, part-time or casual – and paid accordingly.

If you are in any doubt about how to classify the workers in your business, contact Employee Matters and Book a complimentary Discovery Session with us to find out how we can help.

Tags: Fair work, Casuals

Latest News and Media

Should Parents of School-Aged Kids Get Extra Paid Annual Leave

Should Parents of School-Aged Kids Get Extra Paid Annual Leave? – SA Afternoons with Jason Chong | 891 ABC Radio Adelaide

  • 11 July 2026
Have you ever looked at the school calendar and realised the maths just doesn't add up? Working parents face a massive gap between their standard four weeks of annual leave...
Read More

Revealed: The Data Behind Australia’s ‘Great Socceroos Sickie’

  • 1 July 2026
When Australia's World Cup campaign captured the nation's attention, many workplaces experienced something unexpected: a noticeable increase in employee absences. Employee Matters Managing Director Natasha Hawker recently shared her workplace...
Read More

Career Questions People Are Asking AI

  • 29 June 2026
Artificial intelligence is rapidly changing how we work, learn and make decisions but can it really give reliable career advice? Employee Matters Founder and Managing Director, Natasha Hawker, recently joined...
Read More

Sickies, Long Lunches, Green-And-Gold Fever: Australia Set for a Midday Socceroos Party

  • 26 June 2026
Australia’s highly anticipated FIFA World Cup clash against Paraguay lands squarely in the middle of the workday at 12pm Friday AEST. With employers nationwide bracing for a wave of work-from-home...
Read More

When “Office Etiquette” Emails Go Wrong: A Lesson in Workplace Communication

  • 23 June 2026
Navigating sensitive workplace issues is a core part of any manager's job, but a recent incident at a regional organisation serves as a textbook example of poor communication. Following a...
Read More
NSW Drive with Jess McGuire - ABC listen

The Hidden Cost of Office Gossip: Navigating Australia’s New Psychosocial Hazard Laws

  • 23 June 2026
We have all seen it happen: a quiet whisper in the tea room or a cryptic text message. While often viewed as harmless chit-chat, office gossip is now a serious...
Read More

Family and Domestic Violence Leave Australia: Rights, Entitlements and Employer Obligations

  • 11 June 2026
Workplace expert Natasha Hawker, Founder and Director of Employee Matters, says family and domestic violence leave is one of the most important but misunderstood workplace entitlements in Australia. “Managers are...
Read More

AI ‘Brain Fry’ and the Rise of Psychosocial Claims in Australian Workplaces

  • 2 June 2026
Employee Matters Managing Director Natasha Hawker recently joined Channel 7's Sunrise to discuss a growing workplace concern: the impact of AI on employee wellbeing and the rise of psychosocial risks...
Read More

Latest Blog Articles

Accessorial Liability: Why You (Personally) Can’t Afford to “Just Follow Orders”

  • 22 April 2026
In Australian employment law, the "corporate veil" provides little protection for professionals. Under Section 550 of the Fair Work Act 2009, individuals can be held personally liable for company breaches....
Read More

The Redundancy Ripple Effect: Why Unfair Dismissal Claims are Skyrocketing

  • 24 March 2026
In the current Australian economic climate, business as usual feels like a distant memory. As the cost of doing business climbs and the Reserve Bank continues to adjust interest rates,...
Read More

Beyond the Request: Victoria’s New Era of Right to WFH

  • 16 March 2026
The conversation around flexible work in Australia is shifting from asking for a favour to exercising a legal right. While recent Fair Work Commission rulings like Fitzpatrick v UNSW and...
Read More

A Tale of Two WFH Requests

  • 16 March 2026
Recent rulings in the Fair Work Commission have provided a critical wakeup call for both employees and HR professionals. Two landmark cases from 2025 and 2026 (Fitzpatrick v University of...
Read More

Leading the Way: Sentius Implements Groundbreaking Menstrual and Menopause Policy

  • 9 March 2026
At Employee Matters, we are incredibly proud to partner with clients who don't just talk about workplace culture but actively build it. Today, we are celebrating a major milestone with...
Read More
Workplace misconduct policy guide

Why Every Business Needs a Clear Misconduct Policy

  • 26 February 2026
At Employee Matters, we spend a lot of time supporting businesses through difficult conversations. In many cases, those conversations start the same way: “We didn’t think we’d ever need a...
Read More
Benefits of outsourced HR services

How Outsourced HR Services Can Save You Time, Money and Stress

  • 24 February 2026
Most business owners don’t start a company because they’re passionate about employment contracts, performance plans, or award interpretations. Yet, before long, HR becomes a regular part of the working week....
Read More
HR blog header banner

Scrolling to Success: How to Recruit and Retain Generation Z

  • 16 February 2026
The Australian workforce is undergoing a seismic shift. As Baby Boomers retire and Millennials move into senior leadership, a new force has risen: Generation Z. Born between 1997 and 2012,...
Read More

(02) 8021 4206
  • About Us
    • About Employee Matters
    • Book a Free Call
    • What Our Clients Say
  • Services
    • Outsourced HR Services
    • Outsourced Recruitment
    • Recruitment Partner Service (RPS)
  • Resources
    • News and Media
    • Forms & Checklists
    • Blog
  • News and Media
  • Blog
  • Contact Us

Employee Matters helps businesses in Sydney, Melbourne, Perth, Brisbane, and across all major Australian towns and cities with their HR and Recruitment needs.

 


Home » More Changes to the Regulations around Casual Workers
Copyright | Employee Matters
Terms + Conditions | Privacy Policy
Design by Five by Five