The PSA has successfully proved the majority of “casual” field officers at Corrective Services NSW are, in reality, ongoing employees. This strengthens their rights to secure employment and associated entitlements, and limits the government’s ability to use casual labels for permanent work.

The PSA ran a test case in the Industrial Relations Commission (IRC) on behalf of a Corrective Services NSW (CSNSW) Community Corrections Field Officer who had been classified as a casual employee.

“The Court found that, despite being labelled ‘casual’, the officer’s work was regular, ongoing and systematic, not intermittent or short term as required for true casual employment,” said PSA CPSU NSW President Nicole Jess. “Crucially, the judge ruled that an employer cannot rely solely on calling a role ‘casual’. The actual nature of the work determines employment status.”

The IRC declared the worker was in fact an ongoing employee for the entire period of employment, entitling them to permanent-style conditions rather than casual arrangements.

“This is a historic win because it sets a precedent that can be applied to other CSNSW field officers, and potentially broader public sector workers, who have been engaged as long term casuals doing regular work,” said Ms Jess. “Our union will be looking into the implications this has across the NSW workforce.

“Just calling someone a casual should not deny them the rights they would have as a permanent employee.”