Section 359C — Fair Work Act 2009 (Cth)

Misrepresentation to engage as casual employee

A person (the employer) that employs, or has at any time employed, an individual to perform particular work other than as a casual employee must not make a statement that:

(a) the employer knows is false; and

(b) is made in order to persuade or influence the individual to enter into a contract for casual employment under which the individual will perform the same, or substantially the same, work for the employer.

Note: This section is a civil remedy provision (see Part 4‑1).

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 358 — Dismissing to engage as independent contractor
s 359 — Misrepresentation to engage as independent contractor
s 359B — Dismissing to engage as casual employee
s 360 — Multiple reasons for action
s 361 — Reason for action to be presumed unless proved otherwise
s 362 — Advising, encouraging, inciting or coercing action

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