Reminder: New Rules for Casual Employment and Conversion to Permanent Employment

Posted 23 Sep '21

Reminder: New Rules for Casual Employment and Conversion to Permanent Employment

As a reminder for all employers, the Casual Employment Information Statement (CEIS) available from the Fair Work Ombudsman is now to be provided to existing casual workers as soon as possible after 27 September 2021.  As per our blog post in July, this was previously required to be issued to new casuals employed from 27 March 2021.

In addition, amendments to the Fair Work Act 2009 requires employers (other than small business employers) assess whether any existing casual employees (those employed prior to 27 March 2021) are eligible to be offered conversion to permanent employment.  This is required to be actioned by 27 September 2021.  Small business employers (less than 15 employees) are excluded from the requirement to offer casual conversion.

Please refer to the CEIS for when you must offer casual conversion to an employee by 27 September 2021, together with when an employee can request to become a permanent employee from 28 September 2021.  The link to this statement available at FWO is https://www.fairwork.gov.au/employee-entitlements/national-employment-standards/casual-employment-information-statement.

For casual employees employed prior to 27 March 2021, employers are required to:

• Make a written offer to convert their casual employees to permanent employment (this must be done within 21 days after making the assessment), or

• Write to employees explaining why they won’t be made an offer (this needs to be done within 21 days of making the assessment but by no later than 27 September 2021).

To accept an offer to convert, employees will need to respond to their employer in writing within 21 days after receiving the offer.  If a written acceptance is not received, employers can assume that they’ve declined the offer. 

For casual employees employed from 27 March 2021 onwards, on their 12 month anniversary of employment employers are required to make a written offer of casual conversion or alternatively provide a written reason why they are not required to do so.

Further information regarding becoming a permanent employee can be found here: https://www.fairwork.gov.au/employee-entitlements/types-of-employees/casual-part-time-and-full-time/casual-employees/becoming-a-permanent-employee#existing-casuals.