Have you got casual employees? You need to know these new changes to the Fair Work Act

In March, changes were made to the Fair Work Act 2009 (FW Act) relating to casual employment.

If you are a village that uses casual staff, for roles such as cleaners, personal carers, overnight services and others, then it’s important you familiarise yourself with the changes. 

For information on the changes, visit Changes to casual employment – industrial relations reforms.

Pathway from casual to Permanent 

In last week’s South Australian Professional Development workshop day Josh Abbott, a Partner with retirement village specialists O’Loughlin’s Lawyers, outlined the basics of the new requirements for causal employees.

The new requirements are to create a pathway for casual employees to become full-time or part-time (permanent). They call this ‘casual conversation’.

Casual employees can become permanent by their employer offering casual conversion or by making a request to their employer for casual conversion.

However, small business employers (15 employees or less) don’t need to offer casual conversion to their casual employees. Other regulations may apply, which you should check on the FairWork website.

This process is relevant for any staff who have been employed for a period of at least 12 months (or 6 months in some awards), and during those 12 months have worked systematic hours without any significant changes. 

27 September

“Josh reiterated all casual contracts must be updated with the new casual definition and Non-Small Business Employers must determine which casuals they need to offer part-time or full-time employment to under the casual conversion process, as outlined above by 27 September 2021…”

Essentially, this means that if you have casual staff that are working similar shifts on a regularly rostered basis, you should be seeking legal advice. You will need to be compliant by 27 September and be aware of the implications for your organisation, under the new requirements of the Act. 

It could be that these employees must now be offered the opportunity to convert to part-time or full-time employment. 

Your legal advisor will also be able to advise you on the paperwork required.

The other major changes he outlined require:
 

• Employers are now required to give each casual employee a copy of the Casual Employment Information Statement (CEIS) before, or as soon as practicable after, their employment commences;
   
• Non- Small Business Employers (employers with more than 15 employees) are to give their existing employees a copy of the Casual Employment Information Statement as soon as possible after 27 September 2021; and
   
• Non-Small Business Employers are to comply with the casual conversion process in the National Employment Standards in the Act by 27 September 2021. 
   
• The Act essentially defines a casual employee as a person who has:
   
  • Been made an offer of employment by an employer on the basis that the employer makes no firm advance commitment to continuing and indefinite work, according to an agreed pattern of work;
     
  • Accepted the offer on that basis; and
     
  • Become an employee on the basis of that acceptance

Good luck!