Agency and casual workers are a critical part of service delivery across health, housing, community, and social care sectors. They provide flexibility, fill urgent gaps, and bring experience to teams under pressure.
But too often, these workers report being treated differently from permanent staff — excluded from team briefings, denied access to facilities, or reassigned to unfamiliar duties without consultation. This isn’t just unfair. It can create serious safety risks.
Fair Treatment Is a Legal and Safety Obligation
Under the NSW Work Health and Safety (WHS) Act, a Person Conducting a Business or Undertaking (PCBU) has the same duty of care to all workers, whether permanent, agency or casual. That includes:
ensuring safe systems of work,
providing adequate training and supervision, and
consulting workers about changes that affect their duties and safety
If agency staff are treated differently, it can lead to:
Lack of induction or training: Workers are unaware of site hazards or emergency procedures.
Changed assignments: Reallocating someone to unfamiliar or higher-risk tasks without consultation.
Missed communication: Casual workers excluded from safety briefings and updates.
Psychosocial hazards: Feeling undervalued or excluded can create stress, low morale, and hesitation to speak up about risks.
These aren’t just HR issues or agency issues. They are safety issues.
Why You Can’t Just Change a Casual Worker’s Assignment
Some clients assume that because a worker is “casual”, they can be swapped to different duties when they turn up on site. In reality:
Casual doesn’t mean unsafe: Assignments are agreed in advance. Changing duties without consultation can breach contracts and WHS law.
Role clarity matters: Unclear or shifting roles create stress and increase the chance of errors.
Consultation is required: Any changes to tasks must involve the worker, the agency, and other duty holders.
Last-minute reallocation of staff may seem convenient, but it exposes both the worker and the organisation to risk and agreement must be made before changes are confirmed.
The Business Case for Fairness
Embedding fair treatment makes good business sense:
Retention: Workers who feel valued are more likely to accept repeat shifts.
Productivity: Safe, confident staff perform better.
Reputation: Clients who uphold fair and safe practices reduce compliance risk and attract better talent.
How Clients Can Support Safe and Fair Practice
Equal access: Ensure agency staff have the same access to facilities, breaks, and PPE.
Proper induction: Include all workers in safety briefings and site inductions.
No last-minute changes: Avoid reallocating roles without consultation.
Acknowledge contributions: Recognise agency staff as part of the team.
Consult and communicate: Work with labour-hire providers to ensure WHS obligations are being met.
Fair treatment of agency and casual staff is not optional. It’s a compliance requirement, a workforce issue, and a fundamental safety responsibility. By treating every worker equally, clients not only meet their WHS duties, they also create safer, stronger, and more sustainable teams.
