Casual work arrangements

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Casual work arrangements can benefit both employers and workers, however changes to the relevant legislation means both sides need to know what’s what to ensure a successful relationship. By Tracey Porter

Changing patient demands, increasing economic pressures and a desire for greater flexibility when it comes to work schedules, have resulted in many dental practices taking on casual team members when looking for more efficiencies managing their workloads.

Lyn Carman, founder of South Australian-based dental recruitment firm Lync Dental, says while the number of practices utilising casual staff hasn’t changed significantly during her many years in the industry, there has been a considerable shift in the way casual employees are engaged in the sector.

Initially, casual roles were limited to filling in for temporary absences or handling peak periods. She now believes that more practices are opting to employ workers via casual trial periods as opposed to a probationary period with a permanent contract.  

Carman says as the industry has evolved there has been an increase in the reliance on casual staff to provide greater flexibility for practices. This has been driven by changing patient demands, practice owners keen to manage their overheads more efficiently, and the need to accommodate the lifestyle choices of the dental workforce who seek more control over their work schedules.

“Casual employees can help support the team, improving job satisfaction and reducing the risk of burnout of permanent team members or when working short-staffed and unable to get on top of things. 

“[It also gives practice owners the option to put a potential employee] on a trial period, giving the owner the opportunity to assess [the chosen employee’s] fit within the team and the practice culture prior to them being offered a permanent role.” 

AB Dental & Medical director Pam McKean’s agency has been operating since the mid-1990s and primarily focuses on recruitment for dental corporates, government clinics and private practice. Her clients employ “hundreds of temp and locum staff” every year, via assignments ranging from one day through to months at a time.

McKean says due to legislative changes over the past 12 months, it has become increasingly difficult for any business to engage casual workers. This is particularly true of the dental sector where most clinics enjoy set hours of operation. The problem occurs because current legislation does not support the ongoing use of casual workers who fit into the category of being employed on a regular and systematic basis.

McKean says for this reason, it’s essential for all dental practices looking to employ casual staff to ensure they are aware of obligations associated with hiring casual workers. 

Most of these come under the Fair Work Act 2009, which includes rules around such things as minimum rates of pay and casual loading, guarantee of hours and fair treatment. 

The rules put the onus on employers to ensure their casual employees receive the same rights and protections against discrimination, harassment, and unfair dismissal as permanent employees. 

In August, ‘casual employee’ was re-defined, deeming that a person is a casual employee if, when they start employment: 

• the employment relationship has no firm advance commitment to ongoing work, taking into account a number of factors, and

• they’re entitled to a casual loading or specific casual pay rate under an award, registered agreement, or employment contract.

Changes to workplace laws as part of the Closing Loopholes reform now mean that casual employees are entitled to be given access to a pathway to becoming a permanent employee, two days unpaid carer’s leave per occasion, two days compassionate leave per occasion, paid family and domestic violence leave, and unpaid community service leave. 

While they are not entitled to extra paid days off or notice of termination or redundancy pay, the new rules mean casual employees can also now request flexible working arrangements and take unpaid parental leave. 

There are also new protections in place for employees who are engaged as casual under what’s called a ‘sham arrangement’ where employers avoid paying certain entitlements to employees. 

By knowingly saying something false to convince a current or former full-time or part-time employee to enter into a contract for casual employment to do the same work (or mostly the same work) or dismiss or threaten to dismiss an employee to engage them as a casual employee to do the same work (or mostly the same work), businesses can be fined up to $469,500.

The changes also require that every employer engaging a casual employee must issue the employee with a Casual Employment Information Statement before, or as soon as possible after, they start their new job, as well as a copy of the Fair Work Information Statement.

Carman says when it comes to onboarding casual dental employees into the workplace, generally the process should be the same as for any employee but could vary depending on the role and the nature of the position the casual employee is engaged for.  

“If the casual employee is an experienced, confident and competent worker, depending on the needs of the practice, they could step straight in. Having said that, I would expect at a minimum an induction into the workplace safety and infection control processes is crucial.  

“The existing team needs to be briefed and have an understanding of the casual role to enable team members to support the casual employee to succeed and value add to the practice.”

Carman says for this reason, clear communication between all parties is imperative as it helps set expectations for the role, outlines everyone’s responsibilities and introduces the standards of the practice. 

“Employing for the fit and the alignment to culture is vital, no matter the length of the employment. Treat casual team members as the valuable people they are.”