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Commencing on 26 August, definition changes mean an employee is a casual only when:

– there isn’t a firm advance commitment to continuing and indefinite work, factoring in the real substance, practical reality and true nature of the employment relationship; and
– the employee is entitled to be paid a casual loading or a specific pay rate for casuals.

A new pathway will also replace the existing rules for eligible casual employees to change to permanent employment if they want to.

From no later than 26 August, there will be new definitions of employee and employer under the Fair Work Act. In determining whether an employment relationship exists, the totality of the relationship must be considered, including the real substance, practical reality and true nature of the working relationship.