Aitken Legal has previously reported on the amendments to the Fair Work Act 2009 (Cth) (FW Act) that commenced on 27 March 2021 – New statutory definition of ‘casual employee’ – clarifies previous uncertainty around casual employment’.

Below is a summary of the amendments:

• Introduction of a new definition of ‘casual employee’
• Introduction of a new definition of ‘regular casual employee’ (and repeal of ‘long term casual’)
• Introduction of a new casual conversation provisions (offers and requests)
• Provision for the Fair Work Commission (‘Commission’) to conciliate disputes about casual conversion
• Provision for the Commission to vary enterprise agreements to resolve difficulties as a result of the new statutory casual provisions
• Provision for the Commission to review terms of modern awards to ensure consistency with the new statutory casual provisions by 27 September 2021
• Requirement to provide existing, and all new employees, with a copy of the new Casual Employment Information Statement

So, what do employers need to do before 27 September 2021?

Casual Conversation Offer – employers (other than small business employers) must assess all existing casual employees and provide eligible employees within 21 days with a:

• Casual Conversion Offer in writing to convert to permanent employment; or
• Written Notice that no offer for casual conversion is to be made based on reasonable grounds; or
• Confirmation in writing that a casual employee engaged for 12 months is not eligible for a casual conversion offer because the employee has not worked a regular pattern of hours on an ongoing basis during at least the last 6 months.

To be clear, the assessment is to include periods of employment before 27 March 2021 as well as after.

Casual employee eligibility is based on whether the employee has:

• worked for the employer for a period of 12 months; and
• during the last 6 months of employment, the employee worked a regular pattern of hours on an ongoing basis; and
• the employee could easily convert to part-time or full-time employment without ‘significant adjustment’.

An employer may be exempt from making a Casual Conversion Offer on ‘reasonable grounds’.

Casual Employment Information Statements – employers (other than small business employers) must also provide all existing casual employees a copy of the CEIS as soon as possible after 27 September 2021.

Note – small business employers were required to provide existing casual employees with a copy of the CEIS as soon as possible after 27 March 2021.

Contact one of Aitken Legal’s specialist employment lawyers if you require assistance with:

• reviewing casual employee contracts of employment to ensure consistency with the new statutory provisions;
• meeting your requirements to provide casual employees with a Casual Conversion offer and CEIS;
• understanding when a casual employee may make a Casual Conversion Request; and
• understanding how the new statutory provisions interact with enterprise agreements and modern awards.