Application by the Applicant to deal with a dispute about changing from casual employment
Citation: [2026] FWC 3338
What happened
The Applicant began casual painting and decorating teaching work with the Technical and Further Education Commission (TAFE) in April 2022. He worked an average of 5.65 hours per week in 2023, 5.83 hours in 2024, and 12.14 hours in 2025 across multiple campuses. On December 14, 2025, the Applicant notified TAFE he believed he was no longer a casual employee. TAFE did not accept this notification, leading to a dispute.
What was decided
The Fair Work Commission found the Applicant was not a casual employee when he made the notification to TAFE. The Commission provisionally decided it is fair and reasonable to order TAFE to treat the Applicant as a part-time employee with an average of 10 ordinary hours of work per week. Further information is needed regarding compliance with the enterprise agreement.
What it means for employers
Employers should be aware that consistent, regular work patterns can lead an employee to be considered more than a casual, even with a casual contract. Ignoring an employee’s perception of their employment status can lead to disputes. Reviewing work allocation and employee expectations is important.
What it means for employees
If you consistently work regular hours for an employer, even under a casual contract, you may have grounds to argue you are not a casual employee. Keep records of
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections