Having a flexible workforce is an imperative for many businesses. Additionally many workers are looking for casual or part time work to facilitate study, parenthood or work/life balance. One very popular academic model of employment is the ‘Flexible Firm’ where an organisation has a core of permanent full time employees and then a periphery of flexible workers that are able to be used in a number of ways. Most organisations look to some form of flexible work to be able to manage today’s fast paced business landscape and the ebbs and flows of production.

However, the ability to maintain this level of flexibility is being increasingly encroached upon with more and more legislative changes, making it difficult for organisations to keep up and keep compliant.

Firstly in 2018, we had the increase of casual conversion clauses to 85 further awards, giving all regular and systematic casuals the right to elect to become permanent employees.

Then there was The Workpac Pty Ltd v Skene case which saw a regular and systematic casual, successfully apply to be considered permanent and win back pay, regardless of the fact that the employer had paid the casual loading. In effect double dipping for the employee.

Now there is the Mondelez v AMWU case regarding a new interpretation of the way that personal carers leave for part time workers is accrued. You could be in breach of the Fair Work Act and your award coverage without even realising it – just by the way you accrue leave.

Taking on a worker who is not a full time permanent employee is not a simple thing these days. You need to be aware of the different requirements.

• Firstly if you have not spoken to your regular and systematic casual employees, advised them of their rights to apply to become permanent and given them the required documentation, you need to contact us now, so we can assist you to be compliant and understand how this all works;
• If you have not reviewed your casual contracts for some time, or do not give your casual workers an Employment Contract, you need to contact us now, so that we can ensure you have a contract with the correct wording you may need to rely on, in defence of an employee permanency claim. We have the strategies to ensure you employ legally, but also with the correct documentation and wording to back yourself if a dispute arises;
• In regards to the way that personal carers leave is to be accrued for part time employees, you need to be aware of the facts, legally what you are required to do and strategies to manage the situation, given that both Mondelez Australia Pty Ltd and the Australian Government are mounting appeals. You need to speak to us as soon as you can, so we can assist you to devise strategies keeping you compliant and your business protected.

These days every organisation requires a HR capability, no matter how few the number of your employees. CIRCLE Recruitment & HR have the capability to provide you with an outsourced HR capability – no long term contracts, no ongoing fees. You can pay for the service as you require. We are giving you back ‘flexibility’ to your business, in the name of a fantastically resourced, legally compliant HR department as a flexible periphery, you can call upon, just when you need it.

With fines for breaches of the Fair Work Act now well over $100K for an individual and $500K for an organisation, you cannot afford, not to bring this expertise into your business. Call us today and we can arrange an initial meeting to talk through all your concerns. 1300 923 000 or email

Important Note: These articles have been prepared for general circulation and are circulated for general informational purposes only; these articles should not be regarded as business or investment advice. The articles represent the views of the writers and are subject to change without notice. Additionally, while every care has been taken in the preparation of the articles no representation or warranty as to accuracy or completeness of any statement is given. An individual or organisation should, before any business or investment decision is made, consider the appropriateness of the information in this document, and seek professional advice, having regard to objectives, situation and needs. This document is solely for the use of the party to whom it is provided.