Cancellation of work for casual* employees

I often get private messages or emails asking me what rights employees have when work gets cancelled. The question is usually a variation along this theme:

“I have recently been told by an employer that I am no longer needed on a program. As a casual this has left me with a weeks’ notice to find/replace this week of work. Do I have any entitlements here?”

As a casual employee, the minimum notice you will be given for cancelling shifts is outlined in whichever award you are employed under (depending on the award it can be as little as 3 hours notice) but could also be in your employment contract (some employers add extra conditions or entitlements). As long as your employer is not doing something that is contra to the Award or your contract then you have no recourse that I'm aware of.

If you are a casual employee and you’d like to avoid this happening to you, then here is my advice.

1. Have a think about what your desired outcome is (for your current employers, or perhaps when you start with a new employer).

2. Request a new clause in your employment contract (or add it to new employment contracts you get in future.) For example, you could negotiate a different minimum notice period, a cancellation fee, or even a higher base rate of employment for your work to cover for the times when cancellations do need to occur.

3. Be prepared for a counter offer and/or a negotiation with your employer. Engage respectfully in the discussion but know your boundaries and under what conditions you’d walk away.

Three final comments here:

First: the nature and significance of this issue varies greatly depending on your employment. Eg. a canyon guide in the Blue Mountains delivering single day tours vs an educator that flies to another state to deliver a month long wilderness program. The issue is no less significant for the single day guides (the 2019 bushfires resulted in months of lost work for single day guides) but how the issue can be resolved with your employer will be very different.

Second: Always get it in writing. Whatever agreement you come to with your employer, make sure it’s written down. It doesn’t need to be a complex contract filled with legal mumbo jumbo. A simple plain English email outlining the agreement that both parties acknowledge sending/receiving and agreeing to is more than enough.

Finally: this issue is going to increase in frequency as climate change makes extreme weather events and program cancellations more and more common. I’d recommend you start having these conversations long before they become an issue for you.

*If you are a permanent employee the answer is different and depends on your award and the rostering arrangements in your employment contract, but it is absolutely worth understanding what the implications are for you too.