Important information regarding the change in definition, processes and information that needs to be provided to casual employees.
There have been changes to the definition of Casual Employees, processes that need to be followed and information that must be provided to any new casual employee. We’ve collected this information from the Australian Government and FairWork and collated it below.
On Friday 26 March 2021, the Fair Work Act 2009 (FW Act) was amended to change workplace rights and obligations for casual employees. The changes were made by the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Amendment Act).
These changes came into effect on Saturday 27 March 2021.
The Amendment Act introduces a:
Definition of casual employment
Pathway for casual employees to move to full-time or part-time (permanent) employment.
Casual Employment Information Statement
Employers have to give every new casual employee a Casual Employment Information Statement (the CEIS) before, or as soon as possible after, they start their new job.
Small business employers need to give their existing casual employees a copy of the CEIS as soon as possible after 27 March 2021. Other employers have to give their existing casual employees a copy of the CEIS as soon as possible after 27 September 2021.
Download the Casual Employment Information Statement
For more information go to Casual Employment Information Statement (Australian Government).
Definition of a casual employee
The FW Act has been amended to include a new definition of a casual employee.
Under the new definition, a person is a casual employee if they accept a job offer from an employer knowing that there is no firm advance commitment to ongoing work with an agreed pattern of work.
Once employed as a casual, an employee will continue to be a casual employee until they either:
Become a permanent employee through:
Casual conversion, or
are offered and accept the offer of full-time or part-time employment, or
Stop being employed by the employer.
Existing casual employees
Casuals who were employed immediately before 27 March 2021 and whose initial employment offer meets the new definition continue to be casual employees under the FW Act.
For more information see: Casual employees.
Becoming a permanent employee
The Amendment Act adds a new entitlement to the National Employment Standards (NES) giving casual employees a pathway to become a full-time or part-time (permanent) employee. This is also known as 'casual conversion'.
An employer (other than a small business employer) has to offer their casual employee to convert to full-time or part-time (permanent) when the employee:
Has worked for their employer for 12 months
Has worked a regular pattern of hours for at least the last 6 of those months on an ongoing basis
Could continue working those hours as a permanent employee without significant changes.
Some exceptions apply, including:
Small business employers
If an employer has ‘reasonable grounds’ not to make an offer to a casual employee for casual conversion.
How we can now help you:
If you are looking to take on a creative or digital casual, temp or freelancers we’ve got you covered. Not only do we cover insurances, payroll, referencing and superannuation but we also cover everything that is mentioned above! So you don’t need to worry, all you need to focus on is getting the job done.
If you need a new member of your team or a freelancer, get in touch now. Click here to enquire or call (03) 9514 1000.
*Source: Australian Government, Fairwork - https://www.fairwork.gov.au/about-us/news-and-media-releases/website-news/reforms
We hope this helps shed some light on industry job trends, statistics and how this will affect your recruiting process. If you have any questions or need help with understanding any part of this give us a call on (03) 9514 1000 or email email@example.com.