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Introduction

Read the full decision here.

A kitchen hand at a childcare centre did not meet the criteria for JobKeeper as she was a casual employee who had served the required period of employment to be eligible for the payment.

Intent is not actually

The applicant argued that she had been told by a senior staff member that it was their intention to transfer her (written) casual contract of employment to that of a part-time employee.

Unfortunately for the applicant, the FWC finding that intentions do not make it so, citing that there was no proper process that the employer would normally adopt in enacting such a decision and the fact that there was no change to employees rate of pay, which remained unchanged for the length of the employment (and included the 25% casual loading.

As summed up by the Commission:

“I am not persuaded that [the applicant] was offered part-time employment. The evidence before me (viewed objectively) presents a consistent picture of an intention for [the employer] to offer [the applicant] part-time employment. It is unfortunate that the timing of the COVID-19 pandemic interfered in a likely offer.

“The evidence does not support a finding that [the employer] or any other person changed [the applicant’s] employment status. This view is also supported by the lack of any change to her hourly rate, which should have decreased by 25%, or the provision of a written contract of employment. That [the employer] felt some responsibility for [the applicant’s] predicament does not mean she appointed [the applicant] to a part-time position.

Finding that the applicant was employed as a casual employee throughout her employment to date.