Whether you are casual or permanent, whether you work one shift a week or full-time hours, you have entitlements under Australian law. The type of employment you have — casual or permanent — changes what those entitlements are, but it does not remove them. In labour hire, these entitlements come from your provider as your employer, not from the business where you work day to day. Understanding what you are owed helps you check that you are receiving it, and know what to do if you are not.
This article covers the main entitlements for casual and permanent employees through a labour hire provider: superannuation, casual loading, annual leave, personal leave, and long service leave. It explains what each entitlement is, who qualifies, and what the current rates are.
If you are new to labour hire and want to understand how the industry works first, start with our article on how labour hire works for jobseekers. When you are ready to find work, Programmed’s staffing services connect workers with employers across trades, industrial, and professional roles.
Key takeaways
- Super is paid to every employee — casual or permanent, full-time or part-time — from the first dollar earned. There is no minimum hours or earnings threshold anymore.
- Casual loading (25%) replaces annual leave, sick leave, and other entitlements — it is not a bonus, it is a trade-off you need to understand when comparing casual and permanent pay.
- Permanent employees through a labour hire provider accrue the same leave entitlements as any permanent employee — the fact that you work at different sites does not change that.
Casual versus permanent: what the difference means for you
In labour hire, the distinction between casual and permanent employment works the same way as in direct employment. Your provider employs you, and the terms of that employment — whether casual or permanent — determine your entitlements.
Casual employment means you are engaged on an as-needed basis. You do not have guaranteed hours each week, and each shift or engagement is treated as a separate engagement. In return for the flexibility and lack of security, casuals receive a casual loading (discussed below) instead of most leave entitlements.
Permanent employment means you are employed on an ongoing basis — either full-time (guaranteed hours each week) or part-time (guaranteed reduced hours each week). Permanent employees accrue leave entitlements and have greater job security, including protections against unfair dismissal after completing the minimum employment period.
Some labour hire providers offer both casual and permanent engagements depending on the role and the employer’s needs. If you are unsure which type of employment you are on, check your letter of engagement or employment contract, or ask your consultant.
Superannuation: what you are owed and when
Superannuation is a compulsory employer contribution to your retirement savings. It applies to all employees — casual or permanent, full-time or part-time. Since 1 July 2022, the previous $450 per month earnings threshold was removed. Super is now payable from the first dollar you earn, with no minimum earnings threshold.
The current superannuation rate is 11.5% of your ordinary time earnings. This rate is legislated to increase to 12% from 1 July 2025. The contribution is made by your employer on top of your pay — it is not deducted from your wages. Your provider pays it into your nominated super fund.
Employers are required to pay super at least quarterly, though many pay more frequently. Super listed on your payslip as an “accrual” may not have been transferred to your fund yet. To confirm your super is actually being paid, log in to your fund’s online portal and check the contributions received. If nothing has arrived after three to four months, contact your provider’s payroll team. If the issue is not resolved, contact the ATO — they have a process for chasing unpaid super and it is free.
For more detail on reading the super section of your payslip, see our article on understanding your payslip as a labour hire worker.
Casual loading: what it is and why it matters
As a casual employee, your hourly rate includes a casual loading — typically 25% on top of the base award rate. This loading exists because casual employees do not receive annual leave, personal leave, or certain other entitlements that permanent employees are entitled to. The loading is the compensation for those missing entitlements.
This matters when you are comparing a casual rate to a permanent rate. A casual role paying $35 per hour sounds better than a permanent role paying $28 per hour, but once you account for the fact that the permanent employee accrues annual leave and sick leave, the comparison changes. The casual loading is not a bonus — it is a structural difference in how your total compensation is packaged.
The 25% is a common default under most modern awards, but some awards set a different rate. Check the specific award that applies to your role if you want to confirm the loading percentage. The Fair Work Ombudsman’s Pay and Conditions Tool will show the applicable casual rate for your award and classification.
Annual leave for permanent labour hire workers
If you are a permanent (full-time or part-time) employee through a labour hire provider, you accrue annual leave at the same rate as any permanent employee: 4 weeks per year (pro-rated for part-time). Annual leave accrues progressively throughout the year — you do not need to wait a full year before you can access it.
When you take annual leave, you should receive leave loading — an additional 17.5% on top of your ordinary pay rate — under most modern awards. This is separate from your regular pay rate and should appear on your payslip when annual leave is paid out. Some enterprise agreements replace leave loading with higher base rates, so the amount or structure may vary.
If your work through a provider involves different sites or host businesses, that does not affect your annual leave accrual. Leave accrues based on your employment with the provider, not on individual site placements. If you are unsure how much annual leave you have accrued, ask your provider or check your payslip’s leave balance if it is shown there.
Personal and carer’s leave
Permanent employees through a labour hire provider are entitled to 10 days of paid personal and carer’s leave per year. This leave can be used when you are sick or injured, when an immediate family or household member is sick and you need to care for them, or for unexpected personal emergencies. Leave accrues progressively throughout the year.
Casual employees are not entitled to paid personal leave. However, if you need time off and your provider is flexible about rostering, you may be able to simply not accept shifts during that period. If your situation involves a family emergency or you need an extended absence, talk to your consultant about your options.
Both casual and permanent employees are also entitled to 2 days unpaid carer’s leave and 2 days unpaid compassionate leave per occasion when relevant circumstances arise.
Long service leave
Long service leave is a benefit for workers who have been with the same employer for an extended period — typically 7 to 10 years, depending on the state or territory. In a labour hire context, long service leave is calculated based on your continuous service with the labour hire provider — not on how long you have worked at any individual host business.
If you have been employed by the same labour hire provider for close to the qualifying period in your state, it is worth checking your entitlement. Long service leave legislation varies by state and territory — the qualifying period, the amount of leave, and the conditions under which you can take it are all governed by state law. The Fair Work Ombudsman website has links to state long service leave legislation for each jurisdiction.
What to do if you think you are not getting what you are owed
Start by raising it with your provider — specifically your consultant or their payroll team. Give them the detail: which entitlement, which period, what you expected versus what you received. Most issues can be resolved at this level.
If the issue is not resolved, or if you are not comfortable raising it directly with your provider, contact the Fair Work Ombudsman. Their services are free, they have a Pay and Conditions Tool to calculate what you should be receiving, and you can make a complaint online or by phone. Your employer cannot legally take action against you for exercising your rights or contacting the Ombudsman.
Related reading
W44-01: Understanding Your Payslip as a Labour Hire Worker
Related services
Staffing Services — find casual or permanent work through Programmed across a wide range of industries and roles.
Managed Skilled Workforce — for employers who need a structured workforce program with transparent entitlement management and compliant payroll.
FAQ
Do I get super if I only work a few hours a week?
Yes. Since 1 July 2022, superannuation is payable from the first dollar of ordinary time earnings. There is no minimum hours threshold and no minimum earnings threshold. If your provider is not paying super because you work limited hours, that is non-compliant. Contact the ATO if your provider confirms they are not paying super on your earnings.
I have been casual with the same provider for three years. Can I convert to permanent?
Possibly. Under the casual conversion provisions in the Fair Work Act, eligible casual employees who have been employed for 12 months and worked regular and systematic hours for at least 6 of those months may be able to request conversion to permanent employment. The employer can refuse on reasonable operational grounds, but they must respond to the request in writing within 21 days. Talk to your provider or read the Fair Work Ombudsman’s guidance on casual conversion for the current rules.
My super has not appeared in my fund. What do I do?
First, confirm your super fund details are correct with your provider — contributions may be going to a default fund rather than your preferred fund if you did not submit a choice of fund form. Log in to your fund’s portal to check contributions received. If nothing has been received after three to four months of employment, contact your provider’s payroll team in writing. If it is not resolved, report it to the ATO online — they have a formal process for recovering unpaid super and it costs you nothing.
Does casual loading cover all the entitlements I am missing out on?
The 25% casual loading is meant to compensate for annual leave, personal leave, and other entitlements that permanent employees receive. Whether it fully compensates in your specific situation depends on how regularly you work and how much leave you would actually use if you were permanent. It is a standard rate applied across the board, not a personalised calculation. What it does not compensate for is the lack of job security and guaranteed hours — those are non-financial differences between casual and permanent employment that the loading does not address.
Next step
Use the Fair Work Ombudsman’s Pay and Conditions Tool to check that the rates and entitlements on your payslip match what you should be receiving. If you are looking for work through a provider that manages entitlements transparently and pays on time, talk to Programmed.
Read how to get a labour hire job and what to expect on pay.
General information only: This article is for general informational purposes only and does not constitute legal advice. Legislation varies by state and territory — consult a qualified employment lawyer or Fair Work adviser for guidance specific to your situation.
