Being a small business owner today is hard work.

You are trying to win customers, manage cash flow, deliver your products or services, manage suppliers, keep up with technology, respond to changing markets and somehow find time to work on the business rather than constantly working in it.

Then you employ people.

Suddenly, the business owner who may have built a successful business through experience, determination and practical knowledge is also expected to navigate employment legislation, workplace obligations, awards, leave entitlements, payroll requirements, record keeping, workplace health and safety, privacy and an increasingly complex regulatory environment.

And here's the challenge.

Most small business owners didn't set out to become employment law experts.

They became business owners.

That distinction matters.

An area where I see assumptions being made is casual employment. It is easy to think...

"They're casual, so it's much simpler"

No annual leave.

No paid sick leave.

They work when we need them.

What's complicated about that?

The reality is that casual employment still carries significant employer obligations.

Every new casual employee must be provided with the Casual Employment Information Statement (CEIS), for a small business employer, the CEIS must be provided again after 12 months of employment. For a non-small business employer, the requirement is more frequent.

That's a relatively simple requirement.

But it is also the type of requirement that can easily be missed in a small business.

There is an important distinction between calling someone a casual and understanding whether the arrangement continues to meet the requirements of casual employment. A casual employee who works regular hours does not automatically become permanent simply because their roster is predictable. However, eligible casual employees may be able to ask to become permanent full-time or part-time employees when they no longer meet the requirements for casual employment. For small businesses, this generally applies after 12 months.

There are also entitlements that many business owners may not realise apply to casual employees. This includes paid family and domestic violence leave each year, provided the relevant requirements are met.

And then there is long service leave. In NSW, the Long Service Leave Act 1955 is not limited simply to full-time employees. Long service leave is generally based on continuous service with an employer, which can include permanent, casual, part-time or other employment arrangements, subject to the Act.

So the assumption that...

"They're only casual, so I don't have to worry about long service leave"

can be a costly one.

Compliance isn't simply about knowing every rule. It is about having the systems, policies, processes and procedures that help you meet your obligations consistently.

You don't need to become an expert in every piece of legislation.

But you do need to recognise where your business has obligations, understand the foundations required to manage them and know when to seek appropriate professional advice.

Running a small business is hard enough.

Employing people shouldn't mean trying to navigate the complexity alone.

Strong businesses don't rely on memory.

They build systems that support good decisions.

And sometimes, building a better workplace starts with something as simple as asking...

What are we required to do and do we have a system that makes sure we actually do it?

This article is general information only and is not legal or employment law advice. Workplace obligations vary depending on the circumstances. Refer to current Fair Work and NSW requirements and seek appropriate professional advice. This article and its content are the intellectual property of the author and must not be copied, reproduced, distributed, adapted or otherwise used, in whole or in part, without prior written permission.

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