Fairwork has made some changes to workplace rights and obligations for casual employees. These come into effect immediately (27th March 2021).
- Employers must give every new and existing casual employee a casual employment information statement in addition to the Fairwork Information Statement.
- The definition of casual employment has been clarified and is as follows : 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 permanent employment or stop being employed by the employer.
- Casual conversion – an employer must offer their casual employee to convert to full-time or part-time if the employee has: worked for their employer for 12 months; and has worked a regular pattern of hours for at least the last 6 months on an ongoing basis and could continue working those hours as a permanent employee without significant changes.
Employers need to make a written offer to convert their casual employee to permanent employment within 21 days of the employees 12-month anniversary. If an employer decides not to offer casual conversion, the employer needs to write to the employee within 21 days of the employees 12 month anniversary telling them that they aren’t making an offer of casual conversion and the reasons (the only reasons for not making an offer are the employee hasn’t worked a regular pattern of hours or the business has reasonable grounds).