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c2cemploymentrelations
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Hello

If I can jump into this discussion with a few points.

Firstly a casual employee DOES have a minimum engagement of hours if they are covered by a Modern Award. If you want some flexibility with your employment arrangement then hiring a casual employee is the safest way to go, especially if you cannot offer ongoing employment. A casual is entitled to be paid their minimum wage plus a 25% casual loading (this is in lieu of permanent entitlements such as annual leave and sick leave). However if you are a business moving from the State to the Federal system with the Fair Work changes then you may be subject to transitional provisions.

A ‘Labour Only Subcontractor’ or the term used on this forum is something that can get a business in a lot of trouble. If the Employee is genuinely employed by the business it is the Employer’s responsibility to ensure PAYG is deducted, Super is paid and the Employee receives the minimum wages and entitlements as per their Award. If an Employee is aggrieved and decides to lodge a claim against their Employer for not receiving their correct entitlements and benefits the Employer may be liable for back pay.

Also remember the ATO’s legislation and provisions for Employees is separate and distinct from Fair Work Australia’s legislation and provisions for Employees and Employers must adhere to both.

Feel free to send me a private message if you want some further information