Important Changes to Casual Employment Laws: What You Should Know
Starting on 26 August 2024, significant changes to casual employment laws will take effect in Australia. These amendments to the Fair Work Act 2009 introduce a new definition of casual employment and revise the casual conversion process. Here's an overview of the key points:
New definition of casual employment
The new law defines casual employment as work without a firm advance commitment to continuing and indefinite employment. This definition considers both the written contract and the practical nature of the working relationship. Employees engaged as a casual employee remain a casual employee until the occurrence of a specified event, such as the employer’s acceptance of a casual conversion notification request.
Casual conversion process
The previous casual conversion process has been replaced by a new ‘employee choice’ conversion pathway.
- Casual employees are eligible to notify their employer of a request to convert to full- or part-time employment after 6 months (or 12 months for small businesses) if they believe they no longer meet the new definition of casual employment.
- Employers must respond to these requests within 21 days.
- Employers can only refuse on specific grounds if being the employee still meets the casual definition or are on fair and reasonable operational grounds.
Updated Casual Employment Information Statement (CEIS)
The Fair Work Ombudsman has released an updated CEIS, which employers must provide to their casual employees. The obligations around this statement has also changed from 26 August 2024.
What employers should do
To prepare for these changes, employers should:
- Review their casual employment practices
- Familiarise themselves with the new conversion process
- Ensure they have the updated CEIS ready to distribute
Need help?
For further advice and assistance on these changes, including access to updated employment contracts and conversion template letters, VACC members can reach out to our Workplace Relations team.
*Please note, that this overview provides general information, and specific situations require tailored advice.