For the Greenlife Industry
Casual employment has always played a big role in the Greenlife and nursery industry, and for good reason. Seasonal demand, weather-driven trade, peak production cycles, landscaping surges, weekend retail traffic and fluctuating customer orders mean many businesses need a workforce model that can flex up and down.
But casual employment rules have changed, and employers need to make sure their arrangements match what’s happening in practice, especially where casual employees work full-time hours for long stretches of the year.
Here’s what’s changed, what it means for your business, and how to manage it with confidence.
1) The legal definition of “casual employee” has changed
From 26 August 2024, the Fair Work Act updated the definition of a casual employee. A person is a casual employee if:
- the employment relationship has no firm advance commitment to ongoing work, and
- the employee is entitled to casual loading (or a specific casual rate) under an award, registered agreement, or employment contract.
This matters because casual employment is no longer just about what you call the role, it’s about the reality of the working relationship.
2) What is a “firm advance commitment”?
The key concept is whether there is a firm advance commitment to ongoing work. Key considerations in reviewing may involve:
- commitment to an agreed pattern of work
- regular working periods
- rosters and shifts allocated in advance
Whereas, it may not be a firm advance commitment if work is:
- irregular
- intermittent or uncertain
- allowing the employee to choose whether to accept shifts
- short-term or temporary
Seasonal “full-time casuals”
In the nursery industry, it’s common for casual employees to work full-time hours for 8–9 months of the year and then have hours significantly reduced in quieter months due to seasonal demand.
That seasonal structure can still support casual employment, if there is genuinely no firm advance commitment to ongoing work year-round. The practical risk is when a casual arrangement becomes “permanent in practice”, such as:
- the same roster pattern continuing indefinitely
- the business treating the role as guaranteed ongoing headcount
- the employee being expected to work like a permanent employee (even if demand changes later)
Seasonality is a strong commercial reason for flexibility, but it needs to be supported by consistent rostering practices, clear documentation, and realistic workforce planning.
3) Casual status doesn’t automatically change – but you do need to manage it
Importantly, a casual employee’s status does not automatically change just because they work regular hours for a period of time. This means employers should focus on managing the arrangement properly, rather than assuming “we’re fine because they’re casual”.
4) Casual employees now have a clearer pathway to request permanent employment
From 26 August 2024, casual employees can provide written notice to change to permanent employment if they:
- have been employed for at least 6 months (or 12 months if employed by a small business), and
- believe they no longer meet the casual employee definition.
This is particularly relevant here, where seasonal casuals often become long-term team members in key roles like:
- retail nursery staff
- dispatch / logistics support
- forklift operators and yard staff
- production and propagation workers
- delivery drivers and offsiders
5) Employers can refuse conversion requests – but only for valid reasons
There are valid reasons an employer can refuse a conversion request, including where:
- the employee still meets the definition of a casual employee
- substantial changes would be required to how work is organised
- there would be significant operational impacts
- substantial changes to employment conditions would be necessary
This is where many businesses get stuck, because they do need flexibility, but they also need to handle requests fairly and consistently, and be ready to explain the operational reality behind the decision.
Checklist – What should Greenlife & Nursery employers do now?
To stay compliant and protect your business (without losing flexibility), we recommend four practical steps:
- Review your casual workforce before peak season hits
Identify who has:
- been engaged for 6+ months (or 12+ months for small business)
- worked regular full-time patterns for long periods
- become essential to “business as usual” operations
2. Make sure your contracts and payroll align
The legal definition includes the requirement that the employee is entitled to casual loading or a casual pay rate. Contracts and pay structures need to be right.
3. Be deliberate about rostering during peak and off-peak periods
If your workforce model is seasonal, your rostering should reflect that seasonality, rather than creating a year-round expectation of fixed hours.
4. Prepare for conversion conversations (instead of reacting to them)
Conversion requests don’t need to be a problem, they’re often a sign you’ve retained good people. The key is responding early, clearly, and with the right documentation.