Casual Employment Definition Laws

Casual Conversion – Important Date to Remember

An important date is now approaching in relation to these new laws.

By 27th September 2021 employers must have completed their assessments of any casual employees that were employed before 27th March 2021 to determine whether they are eligible for an offer of casual conversion. Within 21 days of 27th September, the employer should have written to their employees to advise them of the outcome of that assessment.

From The Fair Work Ombudsman:

A Small Business Employer

A small business employer is an employer with fewer than 15 employees at a particular time. If an employer has 15 or more employees at a particular time, they are no longer a small business employer. When counting the number of employees, employees of associated entities of the employer are included. Casual employees are not included unless engaged on a regular and systematic basis.

A small business employer must have given their existing casual employees a copy of the Casual Employment Information Statement (CEIS) as soon as possible after the 27th of March 2021.

Non-Small Business

For non-small businesses there will be a transitional period ending on the 27th of September 2021, during which you must conduct the Assessment Process (below). After the 27th of September, all non-small businesses must offer conversion to any casual who has been working for 12 months and a regular pattern for 6 months.

As per the Fair Work Ombudsman (FWO) an 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.

Employers need to:

  • Make a written offer to convert their casual employees to permanent employment (this must be done within 21 days after making the assessment), or
  • Write to employees explaining why they won’t be made an offer (this needs to be done within 21 days of making the assessment but by no later than 27th September 2021).

To accept an offer to convert, employees need to respond in writing within 21 days after getting the offer. If they don’t respond, employers can assume that they’ve declined the offer.


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