New Casual Employees
As of 27 March 2021, employers have to give every new casual employee a Casual Employment Information Statement (CEIS) before (or as soon as possible after) they start their new job. This has been introduced as part of the changes to Fair Work Act on workplace rights and obligations for casual employees.
Existing Casual Employees
Small Business Employers
Small business employers with fewer than 15 employees need to give their existing casual employees the CEIS as soon as possible after 27 March 2021.
All other employers have to give their existing casual employees a copy of the CEIS as soon as possible after 27 September 2021.
The CEIS must be provided in person:
- by mail: OR
- by emailing a copy or a link to the CEIS (if the employee agrees).
Definition of a casual employee
New Casual Employee
As of 27 March 2021, a person is a casual employee if:
- they are offered a job;
- the offer does not include a firm advance commitment that the work will continue indefinitely with an agreed pattern of work;
- they accept the offer knowing that there is no firm advance commitment and become an employee.
Existing Casual Employee
Casuals who were employed immediately before 27 March 2021 and whose initial employment offer meets the new definition continue to be casual employees under the FW Act.
The right to become a permanent employee (casual conversion)
Offer of casual conversion
An employer (other than a small business employer) has to offer casual conversion to full-time or part-time permanent employment when the employee:
- has worked for their employer for 12 months (by 27 September 2021 at the latest);
- has worked a regular pattern of hours in the last 6 months on an ongoing basis: AND
- could continue working those hours as a permanent employee without significant changes:
- UNLESS an employer has ‘reasonable grounds’ not to make an offer
(If this applies, they have to tell the casual employee in writing).
The casual employee has 21 days to respond to the offer in writing.
If you are an existing casual employee as at 27 March 2021, your employer needs to assess whether to make you an offer for casual conversion before 27 September 2021.
If you don’t meet the requirements because you haven’t been employed for 12 months, your employer needs to tell you that in writing within 21 days of making the assessment.
Request for Casual Conversion
Small Business Employer
If you are employed by a small business with fewer than 15 employees, your employer does not have to offer you casual conversion, but you can make a request to your employer if you meet the requirements contained in the new CEIS as of 27 March 2021.
After 27 September 2021, you may make a request for casual conversion after your employer has decided not to offer you casual conversion.
Casual Loading Offset Clauses
When an employee is paid as a casual (ie paid a loading of 25% or more), but is determined by a Court to be a permanent FT or PT employee, a court may reduce any FT or PT entitlements owing to the employee from the casual loading already paid.
BetterHR’s casual contracts contain this new casual loading offset clause.