My contract says “casual”, but my shifts are regular: what should I compare?

Look beyond the label

DLA Piper’s analysis discusses the changed casual definition. Under current FWO guidance, assessing casual employment includes the absence of a firm advance commitment to continuing and indefinite work, and entitlement to a casual loading or specific casual pay rate. The real substance and practical arrangements matter. A regular roster alone does not make an existing casual automatically permanent; check the applicable status-change process as well as the facts at engagement.

Record how work is offered and accepted

To assess the relationship, you need to document what actually happens in practice. Keep your contract, recent rosters, shift offers, acceptance messages, and any occasions when you declined work. Note whether the employer can choose to offer or not offer work, and whether you can choose to accept or reject it. Also consider whether there is likely to be continuing work of the kind you usually perform, and whether full-time or part-time employees do the same work. A regular pattern is one factor, but not decisive. Do not create refusals just to test the classification.

Compare the complete employment package

When comparing casual and permanent employment, look at the whole package, not just the hourly rate. Ask how ordinary pay, casual loading, paid leave, hours, and information statements are handled. A higher hourly amount and permanent paid leave are different elements; compare both with the proposed schedule. Do not calculate a legal entitlement from the word “casual” or “permanent” alone.

If the arrangement has changed

If you believe the arrangement no longer meets the definition, check the current employee-choice pathway. It includes six months’ employment, or twelve for a small business, as well as conditions concerning earlier notices or disputes. Prepare the work facts and keep the notice and written response. Do not treat “regular shifts” as the complete eligibility test or an unanswered request as automatic approval.

What documents and facts to bring

If you seek advice, bring your written contract, all rosters and shift offers for at least the last six months, any messages accepting or declining shifts, and any Casual Employment Information Statements you received. Also note whether you have ever been told work was unavailable, and whether permanent employees do the same tasks. This will help an adviser assess whether there is a firm advance commitment to continuing and indefinite work.

Hypothetical illustration: a regular roster needs more questions

Suppose a casual works the same three shifts weekly and a permanent colleague does similar work. Record how shifts are offered, whether either side can refuse them, the actual ongoing commitment and the pay arrangement. If seeking conversion, check the employer’s size and other notice conditions before relying on a response clock. A regular pattern is relevant evidence, not an automatic status change or guarantee of arbitration success.

Next steps if unresolved

If your employer does not respond within 21 days, or rejects your notification, you can seek advice from the Fair Work Ombudsman or a legal adviser. You may also ask about the workplace discussion and Fair Work Commission dispute process. Keep all records of your shifts and communications, but do not copy company secrets to a personal archive. The law protects your rights, but you must act on the facts.

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