Changes to the workplace rights and obligations for casual employees came into effect on 27 March 2021.
What has changed?
- Casual Employment Information Statement
- Definition of a casual employee
- Pathway for casual employees to move to full-time or part-time (permanent employment)
Casual Employment Information Statement
Every new casual employee must be given a Casual Employment Information Statement (CEIS) before, or as soon as possible after, they start their employment. Small business employers need to give existing casual employees a copy of the CEIS as soon as possible after 27 March 2021, while other employers have until after 27 September 2021.
The Casual Employment Information Statement can be downloaded here.
Definition of a casual employee
Under the new definition, a person is considered a casual employee if they accept a job offer from an employer knowing that there is no firm advance commitment to ongoing work with an agreed pattern of work. Once a person is employed as a casual employee, they will continue to be casual until they either become a permanent employee or stop being employed by the employer.
Pathway to full-time or part-time employment
A new entitlement now gives casual employees a pathway to become a full-time or part-time (permanent) employee. This is known as ‘casual conversion’.
An employer (other than a small business employer) has to offer a casual employee to convert to full-time or part-time (permanent) when the employee:
- has worked for their employer for 12 months
- has worked a regular pattern of hours for at least the last 6 of those months on an ongoing basis
- could continue working those hours as a permanent employee without significant changes
Some exceptions apply:
- Small business employers
- If an employer has reasonable grounds not to make an offer for casual conversion
Source: Fair Work Australia