Changes to Casual Employment

From the 27^th March 2021, some changes have come into effect for casual employment. Employers now have some additional requirements in relation to casual employees.

There is now a requirement that all casual employees must be provided with a Casual Employment Information Statement before starting a new position or soon after they start. The Casual Employment Information Statement contains information on the definition of a casual employee and the process of casual conversion covering the pathway to becoming full-time or part-time employee. These changes provide more opportunity for casual employees to gain full-time or part-time positions based upon meeting an eligibility criteria for the casual conversion. For new casual employees that are eligible for the casual conversion, an offer must be made within 21 days of their 12-month anniversary of employment.

For small business employers (those with less than 15 employees)

• A Casual Employment Information Statement will need to be provided to all existing casual employees ASAP.
• There is no requirement to offer a casual conversion for small employers. However, employees now have the option to make this request to their employer, even though the request can be denied based upon reasonable grounds.

For all other employers (15 or more employees)

• A Casual Employment Information Statement will need to be provided to all existing casual employees by 27 September 2021.
• In addition, from the 27^th September 2021 onwards, there will be a requirement to offer a casual employee a permanent position or casual conversion based upon that employee meeting the following criteria:
  • The employee must be employed for 12 months or more
  • The employee must have worked a regular pattern of hours for the last 6 months
  • The employee could continue working these hours as a full-time or part-time employee without significant changes
  • The employee hasn’t been offered or refused a permanent role in the last 6 months.

If you have you have any questions regarding the above, or need assistance identifying your position on this topic, please contact our office.

– Laura Stapleton

Posted 08.06.2021

This article is compiled as a helpful guide for your private information and is subject to copyright. We suggest that you do not act solely on the basis of material contained in this article because items are of general nature only and may be liable to misinterpretation in particular circumstances. We recommend that our advice be sought before acting on any of these crucial areas.