Casual, fixed-term and seasonal engagement in live performance.

This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship.

Very little work in live performance is open-ended. A cast is engaged for a run. A musician is booked for a festival weekend. A stage manager covers a six week season and then moves on. The way that engagement is set up decides real things: whether there is paid leave, whether there is a loading instead, and whether the work can simply end on a date. Two recent sets of Fair Work changes have reshaped the ground, one for casuals and one for fixed-term contracts, and both matter to the arts.

What are the main ways a performer is engaged?

There are three broad forms. A person can be a casual, paid a loading in place of leave and taken on shift by shift. A person can be engaged on a fixed-term or specified-period contract that runs for a set time, such as a season. Or a person can be an ongoing employee, full-time or part-time, with paid leave and notice. The Live Performance Award 2020 provides for all of these. Each carries different rights, and the label on the contract does not settle which one applies. What settles it is the real nature of the arrangement. The separate question of whether a worker is an employee at all, rather than an independent contractor, is covered in the note on how performing artists are classified.

What is a casual employee now?

From 26 August 2024 the meaning of casual employee changed. Section 15A of the Fair Work Act 2009 (Cth) now defines a casual as someone whose employment has no firm advance commitment to continuing and indefinite work, and who is entitled to a casual loading or a specific casual rate. The test looks at the real substance, practical reality and true nature of the relationship, not just the words of the contract. No single factor decides it. A casual is usually paid a loading, typically 25 per cent under the Live Performance Award 2020, in place of paid annual and sick leave and notice.

This matters in the arts because a great deal of work is labelled casual by habit. If a performer or crew member is in truth working a regular, predictable pattern with an expectation of ongoing work, the casual label may not hold, whatever the paperwork says. An employer must also give a new casual a Casual Employment Information Statement.

Can a casual performer become permanent?

Yes, through the employee choice pathway that began on 26 August 2024. A casual who believes they no longer meet the casual definition can notify the employer in writing. The service needed is 12 months in a small business and six months elsewhere. The employer must consult, then respond in writing within 21 days, and can only decline on limited grounds, such as that the person still fits the casual definition or there are fair and reasonable operational reasons. For small business employers the employee choice rules applied from 26 February 2025. This replaced the older residual right to request casual conversion.

What are the new limits on fixed-term contracts?

From 6 December 2023 there are firm limits on fixed-term and maximum-term contracts. Under the Fair Work Act 2009 (Cth), a fixed-term contract cannot run for more than two years, counting any extensions or renewals. It cannot be extended or renewed more than once. And an employer cannot use back-to-back consecutive contracts for the same or substantially similar work in a way that gets around those limits. An employer must give the employee a Fixed Term Contract Information Statement before the engagement starts.

If a contract breaches these limits, the part of it that ends the employment on the fixed date has no effect. The rest of the contract stands, and the person may continue as an ongoing employee. A dispute about whether the limits apply can be taken to the Fair Work Commission. So a producer cannot assume a season contract simply expires if the arrangement has run past what the rules allow.

When can a longer fixed-term contract still be used?

The limits have exceptions, and several fit the arts. They include engaging a person for specialised skills to complete a specific task, work needed during a peak in demand, temporary replacement of an absent employee, work funded wholly or partly by government funding for more than two years where there is no reasonable prospect the funding will be renewed, high-income employees, and certain governance positions with a set maximum term. A modern award can also permit fixed-term contracts in defined circumstances. The Live Performance Award 2020 is the relevant award for much of this sector, and where it allows a specified-period engagement, that engagement can be used. The award is set out in the note on the Live Performance Award 2020 explained.

How does seasonal engagement fit in?

Seasonal is not a separate legal category. A festival run or a theatre season is usually built as either a series of casual shifts or a fixed-term engagement for the length of the season. That means the same two rulebooks apply. If it is casual, the section 15A definition and the loading apply. If it is a specified-period contract, the two-year and single-renewal limits apply unless an exception, such as a peak demand period or an award provision, covers it. Calling work seasonal does not put it outside the rules. What decides its status is how the work is actually structured and performed.

What this means for performers and producers

For a performer or crew member, it is worth knowing which of the three you are on, because it drives your pay and your leave. If you have been called casual for a long time while working a steady pattern, the employee choice pathway may be open to you. For a producer or company, the safer course is to match the engagement to the reality of the work, hand over the right information statement, and treat fixed-term end dates with care rather than as a certainty. Getting the classification wrong can mean back pay for leave, or an employee who does not end when the season does.

None of this removes the value of a clear written engagement. It sets the rate, the dates, the cancellation terms and the expectations. It just has to sit within the current law. If you are setting up a season, a festival roster or a fill-in arrangement and you are not sure which form fits, that is the point to get advice, before the contracts go out. How superannuation attaches to these engagements is covered in the note on superannuation for musicians and freelance crew.

Frequently asked.

What is the difference between a casual and a fixed-term performer?

A casual is engaged shift by shift with no firm advance commitment to ongoing work, and is paid a loading, typically 25 per cent under the Live Performance Award 2020, instead of paid leave. A fixed-term or specified-period engagement runs for a set time, such as a season, and since 6 December 2023 is subject to a two-year cap and a single-renewal limit under the Fair Work Act 2009 (Cth).

What is the new casual employee definition in Australia?

From 26 August 2024, section 15A of the Fair Work Act 2009 (Cth) defines a casual as an employee whose employment has no firm advance commitment to continuing and indefinite work and who is entitled to a casual loading. The test considers the real substance, practical reality and true nature of the relationship, not just the contract, and no single factor decides it.

Can a casual performer ask to become permanent?

Yes. Under the employee choice pathway that began on 26 August 2024, a casual who believes they no longer meet the casual definition can notify the employer in writing after 12 months in a small business or six months elsewhere. The employer must consult and respond in writing within 21 days, and can only decline on limited grounds. For small business employers the rules applied from 26 February 2025.

What is the two-year limit on fixed-term contracts?

From 6 December 2023, a fixed-term contract under the Fair Work Act 2009 (Cth) cannot run for more than two years including extensions, cannot be renewed more than once, and cannot be strung together as consecutive contracts for the same work. The employer must also give a Fixed Term Contract Information Statement. If a contract breaches the limits, the term that ends it on the fixed date has no effect.

Does the two-year fixed-term limit apply to actors and musicians?

It can, but there are exceptions that often fit the arts, including specialised-skill engagements, work during a peak demand period, temporary replacement of an absent worker, certain government-funded roles, and cases where a modern award permits fixed-term contracts. The Live Performance Award 2020 is the relevant award for much of the sector and can allow specified-period engagements.

Is seasonal work a separate type of employment?

No. Seasonal is not a distinct legal category. A season or festival run is usually structured as casual shifts or as a fixed-term engagement, so the casual definition or the fixed-term limits apply accordingly. The label does not decide the status; the real structure of the work does.

If you are a performer, producer, venue, or independent practitioner and this raises a question about your own situation, Aaron Kernaghan and the team at Brady & Associates Lawyers can give you tailored guidance. Call 0421 717 019 or contact the firm.

This article is for informational purposes and general commentary only. It does not constitute legal advice and does not create a solicitor-client relationship. It reflects the law in Australia as at 17 September 2026, with a focus on Commonwealth law and New South Wales and ACT practice. The law changes and applies differently to every set of facts. Written by Aaron Kernaghan, Brady & Associates Lawyers.

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