Final Countdown To Casual Conversion 

Considerable legislative amendments to the Fair Work Act took effect earlier in the year. 

The Final Countdown is now on and by 27 September 2021 employers of more than 15 employees must: 

• assess whether current casuals employed before 27 March 2021 are eligible to convert to permanent employment. 
• make a written offer to the employee of permanent employment or explain why an offer cannot be made.

The assessment process

During the transition period, but before 27 September 2021 employers must: 

• identify all existing casual employees employed before 27 March 2021
• assess each employee for eligibility and provide them with written notice of the outcome. 

Employees must respond to the offer in writing within 21 days. If they don’t respond within the timeframe, they’ll be deemed to have elected not to convert their employment status. 

 Reasonable grounds for deciding not to make an offer  

Reasonable grounds for deciding not to make an offer may include that the employees’ hours are irregular or, in the next 12 months: 

• the employee’s position won’t exist
• the employee’s hours of work will significantly reduce
• the employee’s days or times of work will significantly change, and that can’t be accommodated within the employee’s available days or times for work.
• the employer would have to make a significant adjustment to the employee’s work hours for them to be employed full-time or part-time.

Casual employees starting after 27 March 2021

As an employer, you should keep records of your casuals’ starting date because: 

• You need to assess each casual employee for eligibility within 21 days after their 12-month anniversary and provide them with written notice of the outcome.  

Casual Employee Information Statement

It is now mandatory to issue new casuals with a Casual Employment Information Statement (CEIS), to inform them of their entitlements about casual conversion.   You can download a copy here

 Unsure of what you need to do?   

Our team is here to help. We can assist you with: 

• assessing your casual workforce to determine which casual employees you should offer casual conversion; and 
• reviewing and updating your existing casual employment contracts to ensure they comply with the new laws. 

Contact us here today or call 0419 659 388 for a free consultation.