This blog is about employee “casual conversion to permanent employment”
The time has come to review your organisation’s employment of “casual employees”. Fair Work Australia has confirmed that the changes to employment laws regarding Casual Employees is due to come into effect this month.
Previously this requirement did not apply to small employers (ie less that 15 employees), however, all employers now need to assess whether any of their existing casual employees, employed before 27 March 2021, are eligible to be offered to convert to permanent employment.
By 27 September 2021, employers need to assess whether their existing casuals are eligible to be offered permanent employment. See the Fair Work site for full details: FairWork casual employment update
The change has been introduced because some employment situations were not covered prior to the new bill: Fair Work Amendment (Right to Request Casual Conversion) Bill 2019.
Please note that this is a brief introduction, following our previous advice in our 2019 blog: Benkorp blog – casual employees 2019
It is your organisation’s responsibility to ensure that all employment laws are implemented locally.
What is the outcome?
A casual employee has “a right to request to convert to full-time or part-time employment”
The employee has the right to request the conversion.
The employer does not have to initiate an offer a conversion
Who is included
All casual employees who have worked as casual for 12 months, at their 12 month anniversary
What needs to be done now
1. The employer must give to the employee a form from Fair Work informing of the options to convert from casual to full-time or part-time employment. Link: Fair Work form: Casual Employment Info Statement
2. The casual employee can request conversion to full-time or part-time employment if they:
a. Are designated a casual employee in their employment contract, and
b. Worked a regular pattern of hours during the previous 12 months and this could continue without significant adjustment as a full-time or part-time employee, and
3. The employer must respond within 21 days, and
4. The new arrangement for full-time or part-time employment must be in writing and commence at the next full pay period
5. Inform any casual employees of their options
Note that the employer must act fairly and not try to circumvent the intention of this new employment arrangement, such as to terminate and re-employ the casual person.
We recommend that you follow-up this introduction by referring to the full details on the Fair Work website: FairWork – casual conversion legislation
This communication is general information and it is your responsibility to understand any implications for your organisation and employees
We welcome any comments you may have about this communication or the contents.