Casual Conversion - are you ready?

A Small Business?

If you have less than 15 employees, you should have already provided your employees with a copy of the Casual Work Information Statement in March of this year. If you haven't done so, please do so now!

You can download the Casual Work Information Statement here.

Not a Small Business?

Before 27 September 2021 you need to;

  • provide all of your casual employees with a copy of the Casual Work Information Statement,

  • assess whether any of your existing casual employees (employed before 27 March 2021) are eligible to be offered to convert to permanent employment, and

  • make a written offer to your employee to convert their casual to permanent employment OR write to them explaining why you won’t be making an offer of casual conversion.

What if the courts determine an Employee is NOT a casual?

If it is determined through court proceedings that an employee is not a casual, a court must now reduce any amounts that the employee could be entitled to by the casual loading amounts already paid by the employer.

What is a casual employee?

The Fair Work Act has updated their definition of a casual employee.

To be considered as a casual employee, the employee accepts an offer of work, with the knowledge that there is "no firm advance commitment to ongoing work with an agreed pattern of work." (Fair Work 2021).

Once employed as a casual, an employee will continue to be a casual employee until they become a permanent employee through:

  • casual conversion, or

  • being offered and accepting full-time or part-time employment.

They cease being considered as a casual when they are no longer employed by that employer.

If the casual employee was employed immediately before the 27 March 2021, they will continue to be considered a casual employee.

If you have any questions, please give us a Free Call on 1800 868 254.