• In determining the type of employment contract. It is a question of fact, considering the surrounding circumstances. • There are two types of employment contract – Continuing/On-going v Casual. • Casual employment – difficult to define it in any kind of certain way – Traditionally, it has been in the ILO definition ’informal, irregular and uncertain and not likely to continue for any length of time’ (Convention of Termination of Employment). – Common law definition is quite strict – a casual is a person who enters a new contract of employer each time they work for a particular employer. > i.e. Manager of Coles says that they have shift for you and common law regards this as a new contract entered into at 1pm and ends at 7pm ( times for your shift). – Employer has NO obligations to you beyond that shift and neither do you have obligations beyond that shift.