To assist you with the complex changes that have come into effect from September 2021 relating to workplace legislation for casual employees, we have listed the most Frequently Asked Questions below.
Whizdom have had all of our contracts reviewed by our lawyers bringing them in line with the new changes.
If you wish to seek independent advice from your own sources, eg the ATO, Fair Work Australia, your accountant or lawyer we would encourage that.
How do I know if I am a casual employee or an independent contractor?
As a basic summary workers can only be engaged as either an employee (Permanent or Casual) or an Independent Contractor. The key provision for an Independent Contractor is they should have their own PTY LTD company and operate independently. Most contractors without their own companies working under labour hire agreements should now be classified as casual employees of the labour hire firm (in this case Whizdom). The Host Client is not the employer.
If I am put on the new Flex Worker (casual) contract, what will change?
The only notable change is workers engaged under a casual employment agreement will have a loading broken out on their payslip and contract, to offset the provision for leave entitlements (minimum 25%).
If your full rate was $100 per hour, this would be inclusive of superannuation and the leave loading. We just show how it is broken out on your contract.
$100.00 per hour, made up of:
• a base rate of pay - currently $72.73; plus
• a 25% casual loading – currently $18.18; and
• superannuation contributions in line with clause 9.6. (Please note: we don’t state the amount of super as this will be changing over the next few Financial Years, but for this example, Superannuation at 10% it works out to be $9.09)
If you add up $72.73 + $18.18 + $9.09 you get a total of $100
What is the difference between the Flex Worker Agreement and Assignment?
The Flex Worker "Agreement" (Casual) is the over-arching contract agreement for casual employment with Whizdom. This remains valid for your continous "Assignments" with Whizdom. Should there be any changes to Legislation, Whizdom will issue you an updated "Agreement", maintaining the original commencement date of the original "Agreement".
The details of your on-hire work with the Client are outlined in the Schedule 2 "Assignment". If you get a role with a different Client, or are extended witht the current Client, and remain with Whizdom, we will only need to provide a new Schedule 2 "Assignment" for you to sign outlining the new engagement details.
What happens when I leave Whizdom?
If you leave your employment with Whizdom the over-arching "Agreement" will be terminated along with any uncompleted "Assignments". You will receive a confirmation of the termination via email approximately 8 weeks after leaving Whizdom. Commencing a new role with Whizdom after a termination of a previous "Agreement" would require a new "Agreement" and "Assignment" which will reset the employment start date with Whizdom.
What is casual conversion?
Every 12 months if you meet certain eligibility criteria your employer can offer you a permanent role. If there are no permanent roles to be offered you will be notified and you can continue to work as a casual employee with on-hire assignments (host client).
What are the benefits to being a casual worker?
Whizdom will cover all your insurances, access to our employee assistance program, WHS management with Return to Work assistance from our Injury Management Consultant, wide range of salary packaging included.
How do I manage my payroll?
As a casual employee you will be paid directly by Whizdom. We provide the basics including superannuation, PAYG and choice of fortnightly or monthly pay schedules. For those of you needing something a little more, Whizdom also offers the following services with our payroll:
Voluntary Superannuation Contributions
Salary Sacrifice for Exempt or Otherwise Deductible Items
Novated Car Leasing
Salary Sacrifice for Living Away From Home Allowance (LAFHA)
Our Finance team can send more information on any of the above services, please email them on firstname.lastname@example.org.
If you already have a Novated Car Lease in place, please contact the Finance team to discuss if it can be transferred across to Whizdom. Most leases are portable, but it is good for us to check first.
Do you have the option to bank hours so I can draw on them when I take leave?
We do not offer a service to bank hours, however we do have the ability for you to nominate a portion of your pay (either a dollar amount or percentage) to be paid into a second bank account. Pay a portion into a high interest earning account for a rainy day!
Can I review the contract?
Yes you can!
For casual employment, please read our Flex Worker Agreement
If you have your own ABN company, or are thinking about setting one up, please read our Individual Independent Contractor Agreement
If you provide resources from your company (ie your own employees into an on-hired contract), please read our Independent Contractor Agreement for a Key Person