On Friday 26 March 2021, the Fair Work Act 2009 was amended to change workplace rights and obligations for casual employees. The amendments introduced a Casual Employment Information Statement (CEIS), a new definition of casual employment and a pathway for casual employees to move to full-time or part-time (permanent) employment.
Casual Employment Information Statement
Employers have to give every new casual employee a copy of the CEIS before, or as soon as possible after, they start their new job. After 27 March 2021 (for small business employers) or after 27 September 2021 (for other employers), existing employees must also be provided a copy of the CEIS as soon as possible.
New Definition of Casual Employment
Under the new definition, a person is 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. An employee’s regular pattern of work does not in itself indicate an agreed pattern of work.
Pathway for Casual Employment to Permanent Employment
A casual employee may make a written request to be converted to a permanent position if the employee has been employed for 12 months and have worked a regular pattern of hours during the last 6 months. The employer must not refuse the request unless the employer has consulted the employee and has reasonable grounds to do so. Excluding small business employers, employers must make the written offer to convert the casual employee once that employee meets the above eligibility requirements.
This publication has been carefully prepared, but it has been written in brief and general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.