Friday 26th March 2021 the Fair Work Act 2009 was amended to change workplace rights and obligations for casual employees.
This amendment outlines criteria that if met, casual employees gain a pathway into permanent employment. We have outlined this criterion for your convenience in the table below.
Employers with 15 employees or less
If your casual employee(s) meet the criteria you MUST offer them a part-time or full-time permanent position in writing as of 27th March 2021 or within 21 days after their 12-month anniversary, whichever is latest.
Employers with more than 15 employees
If your casual employee(s) meet the criteria you MUST offer them a part-time or full-time permanent position in writing as of 27th September 2021 or within 21 days after their 12-month anniversary, whichever is latest.
Employees have 21 days to respond in writing of their acceptance or decline to the offer.
Likewise, if employees believe they are eligible they may request a permanent position in writing to their employer which can only be declined on reasonable grounds that they in fact do not meet the criteria.
All casual employees must be provided with a copy of the ‘Casual Employment Information Sheet’ outlining their rights in light of these changes either at the commencement of their employment for new employees or as soon as possible after 27th March 2021 (15 employees or less) or after 27th September 2021 (over 15 employees) for existing employees.
If you are unsure which of your employees are eligible or need assistance in drafting letters of offer and providing the required ‘Casual Employment Information Sheet’, please contact our office at your earliest convenience to begin preparations.
