Can an employee work full-time or part-time in your business and also work casually for you on the weekends?

This is a common question that many small and medium businesses face. In this blog, we'll explore this issue and provide you with some practical steps to ensure you comply with industrial relations laws in Australia.

What do you need to consider?

Firstly, it's important to understand that it is possible for an employee to have two separate contracts of employment with the same employer. However, there are several factors that you need to consider as an employer to ensure that you're complying with the relevant industrial relations laws and regulations.

One key factor to consider is whether the arrangement was initiated at the employee's request. If not, there is a risk that the employer may be perceived as pressuring the employee to agree to take on the second job. This could lead to potential legal issues and should be avoided.

Another factor to consider is whether the work performed under the second contract of employment interferes with the employee's performance of work under the first contract of employment. This could be an issue if the employee is directed to perform overtime work in relation to the permanent job. It's important to ensure that the employee's work under both contracts is distinctly different in nature.

Checklist of considerations when an employee works full-time and casually for the same employer:

Initiation of the arrangement
Interference with the first contract of employment
Nature of duties performed under both contracts

Other issues you should be aware of:

One issue that often arises with this type of arrangement is overtime payments. Employers must ensure that they're not attempting to circumvent the overtime provisions of the relevant modern award or enterprise agreement. This can be achieved by ensuring that the employee voluntarily requests the second job and that there is a separate contract of employment drafted that applies to the casual job.

The separate contract should refer to the relevant modern award or separate classification under the same modern award that covers the duties of the casual job.

Other overtime considerations when an employee works full-time and casually for the same employer:

Suspicions raised with courts or tribunals
Importance of the employee voluntarily requesting the second job
Drafting a separate contract of employment

Takeaway

In summary, it is possible for an employee to work both full-time or part-time and casually for the same employer. However, there are several factors to consider to ensure compliance with industrial relations laws and regulations. By ensuring that the arrangement is initiated at the employee's request, that the work under both contracts is distinctly different in nature, and that a separate contract of employment is drafted for the casual job, you can avoid potential legal issues and ensure that your business operates within the law.

Need more help?

If you're unsure about how to navigate this issue or any other HR matter, contact us today to discuss your needs.

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