Casual Conversion in 6 Easy Steps

There have been several key changes to casual employment laws and with final due dates just around the corner, it is important that you are aware of your obligations as an employer and rights as an employee.

Please click here for further information or follow these 6 easy steps to casual conversion.

For employers:

All employers, excluding small business employers, are required to assess the eligibility of their causal workers and offer conversion to permanent employment for eligible employees.

Small business employers, according to the Fair Work Act, are defined as an employer with less than 15 employees at a particular time.

1. Assess whether your existing casual employees are eligible to convert to permanent employment. Your employees are eligible if:

• They were employed before 27 March 2021
• They have worked a regular pattern of hours for at least the last 6 months
• They could continue working these hours as a permanent employee without significant changes

 

2. By 18 October, or within 21 days of making the assessment, either,

• Make a written offer to convert your casual employee to permanent employment or,
• Write to the employee explaining why you will not be making an offer

 

3. To convert to permanent employment, your employee must write to you within 21 days of receiving the offer. If they do not respond, you can assume that they have declined the offer.

 

3. For eligible employees employed after 27 March, remember that you must make a written offer of casual conversion within 21 days after the employee’s 12-month anniversary.

 

For employees:

5. There are various circumstances in which the employee can make a written request to convert to permanent employment. These circumstances include:

Employees of small business employers:

• Eligible casual employees employed after 27 March 2021 can make a request any time on or after their 12-month anniversary
• Existing, eligible casuals employed before 27 March 2021 can make a request to permanent employment at any time

Employees of all other employers:

• Eligible casual employees employed after 27 March 2021 can make a request from 21 days after their 12-month anniversary
• Existing, eligible casuals employed before 27 March 2021 can make a request from 28 September

 

6. Employers need to respond in writing to an employee’s request within 21 days and inform the employee of the outcome of their request.

 

If you would like to further discuss these laws and your eligibility, contact one of our team members today.