Frequently Asked Questions for Casuals and Sessionals
Got a query about your casual or sessional employment in Australian higher education?
We hope we have most of your answers covered here, but if you need further assistance, please contact us.
How is casual employment different from other employment?
A casual employee is one who is engaged and paid by the hour, rather than employed on an ongoing basis or for a set period on a salary.
Casuals are not normally entitled to paid leave, and their employment can be terminated by the employer at common law without notice.
On the other hand, casual rates of pay include a loading (normally 20-25%) to compensate for the lack of leave entitlements, and casual employees can quit a job without giving notice. Some casual staff are entitled to some types of leave (see here).
What is a Sessional?
‘Sessional’ is a term used in some universities to describe casual academic employees, as casual academics are often employed for ‘sessions’ or semester teaching periods. Some universities also describe similar but different forms of employment as sessional, such as at UTS. You should contact your NTEU Branch if you have any questions.
On this website, the terms ‘casual academic’ and ‘sessional’ are used interchangeably.
Where do my rights come from?
Your rights as an employee are set out in legislation, in your institution’s Collective Agreement, in university policy, and in your letter of appointment. Your university’s Collective Agreement negotiated between the Union and university management is the key place where your rights are set out, and takes precedence over university policy.
If you are employed in casual work at more than one university, you should be aware that the Collective Agreements that cover your working conditions will be slightly different at each one.
The interpretation of all the sources of your rights can be quite complex. NTEU can assist you with any issues you might have.
For reference, you can get a copy of your institution’s Collective Agreement from your local Branch, or it can be found on the NTEU website at www.nteu.org.au/rights/agreements
What is my local union Branch?
Your institution’s local Branch office is referred to throughout this website and is your first port of call for advice or assistance in relation to your job. Your local Branch can provide you with more information about NTEU and how it operates at your institution.
Each Branch has elected representatives including a Branch President and Secretary (who can also be contacted through your internal directory) as well as a website with contact information and local news.
There is an NTEU Branch office at almost every university. Contact details for each Branch can be found at www.nteu.org.au/bd
When should I contact the Union?
You don’t have to suffer through employment problems. NTEU can help you devise a strategy for dealing with your issues, and assist in making you aware of your rights and options in confidence. NTEU gives members confidential advice, and we will not raise individual cases with management without the permission of the member in question.
You should raise any concerns you have about your work, workplace or conditions with the Union as soon as possible.
What if my supervisor is an NTEU member?
Your issues will be dealt with confidentially. NTEU will act for you, as the affected employee, regardless of whether your supervisor (who acts for the University) is an NTEU member or not.
Union contract or individual contract?
Under Australian law, all employees have a contract of employment. Sometimes these contracts are clearly set out in writing, and sometimes they are more informal . Until recently, all casual contracts of employment included the good conditions negotiated by the Union in your university’s Collective Agreement.
However, this is now changing with the introduction of the Federal Government’s Higher Education Workplace Relations Requirements (HEWRRs), which require universities to offer all employees an Australian Workplace Agreement (AWA). Most universities are still offering you the choice of an AWA or the union negotiated collective contract at the university.
You will be far better off under the Collective Agreement rather than an AWA.
Because of the HEWRRs, you will almost certainly be offered an AWA. You do not have to sign it. NTEU has negotiated hard to ensure that you are offered a choice between the AWA and the Collective Agreement.
Nonetheless, some employers have started to offer casual work on a 'no AWA, no job' basis. If an AWA is offered to you on these terms, contact the Union immediately for advice and assistance. Do not sign the AWA without seeking advice first, as it is almost impossible to return to the conditions under the Collective Agreement once you have signed an AWA.
Remember, you do not have to sign the AWA. If you don’t sign it, you will be covered by the employment conditions in the Collective Agreement. For more information, visit www.nteu.org.au/rights/awa/faq
What is an AWA?
An AWA is an individual employment agreement. While a university’s Collective Agreement applies to all staff, an AWA only applies to the individual who signs it.
An AWA is the only form of employment contract that can undercut the conditions in the Collective Agreement, and AWAs are often used for this purpose by employers. For example, an AWA could include a lower rate of pay than those in the Collective Agreement. If you sign an AWA, the Collective Agreement will no longer apply to you.
For more information, visit www.nteu.org.au/rights/awa/faq
What is a Letter of Appointment?
You will usually be given a letter of appointment either before or when you start work. At some universities, this is just a form called ‘Casual Contract’ or ‘Record of Casual Appointment’ or something similar. If weeks pass and you still haven’t received one, follow it up with your supervisor. It’s important to have this letter as it indicates what’s in your contract of employment – this will be crucial to know if there is any misunderstanding later on.
Your letter of appointment should stipulate the type of employment
and the terms of your engagement in relation to:
• The duties required.
• The number of hours required (e.g. 5 tutorials each week for
12 weeks).
• Rates of pay for each type of duty required.
• A statement that any additional duties required during the term
will be paid for.
• Other main conditions of employment, such as reporting relationships
and details of the Collective Agreement.
Keep your letter of appointment and any other official documents relating to your employment in a safe place.
How do I get paid on time?
It’s a good idea to finalise your employment details as quickly as possible to avoid missing a pay period. Check with your School/Departmental administrator about frequency of pay periods and whether there are cut-off dates for the lodgment of time sheets.
Normally, institutions are required to pay you within 22 days of the submission of a signed time sheet to the appropriate person. You’ll need to find out who this is and make sure they get your timesheets as soon as possible after completing any work, and certainly by the cut-off date if there is one. If you haven’t been paid within 22 days, contact the Union.
What about tax?
Make sure you provide your Tax File Number (TFN) to the person responsible for administering your wages.
Employee/Salary number
Keep a record of your Employee or Salary number so you can quote it to the pay officer if any problems arise.