Top 3 Things To Know About The Recent Casual Employment Changes
Is your business across the new casual employment changes that were introduced in March 2021? If not, we’ve summarised some of the main points for you below.
- The Act now includes a definition of a ‘casual employee’:
- an offer of employment where the employer makes no ‘firm advance commitment’ to continuing and indefinite work according to an agreed pattern of work for the person;
- the person accepts the offer on that basis; and
- the person is an employee as a result of that acceptance.
For the purposes of this definition, whether an employer makes no ‘firm advance commitment’ depends on the following factors (which were amended in the Act):
- whether the employer can elect to offer work and whether the person can elect to accept or reject work;
- whether the person will work as required according to the needs of the employer;
- whether the employment is described as casual employment;
- whether the person will be entitled to a casual loading or a specific rate of pay for casual employees under the terms of the offer or a fair work instrument.
Whether an employee meets this definition is determined on the terms of the contract, and not by the parties’ subsequent conduct or the employee’s actual pattern of work.
2. Employees now have the right to request conversion to permanent employment in some cases
Employers (other than small business employers with <15 employees) must offer to convert a casual employee to permanent employment if the employee:
- has been employed for 12 months, and
- during the last six months, has worked a regular and systematic pattern of hours without significant adjustment.
The offer to convert must be to either full-time or part-time employment depending on the regular/systematic hours worked.
If the offer is declined by either party, an employee cannot request conversion for 6 months.
3. All new casual employees must be given a ‘Casual Employee Information Statement’
As with the Fair Work Information Statement, all casual employees should receive a copy of the Casual Employee Information Statement. This can be downloaded at https://www.fairwork.gov.au/employee-entitlements/national-employment-standards/casual-employment-information-statement.
Need help understanding or implementing these changes? Our HR On-Demand team are here to provide your business with the support of an internal HR team at a fraction of the cost. Find out more by calling us on 1300 55 99 62 or emailing us at email@example.com