COMMONWEALTH OF AUSTRALIA
Fair Work Act 2009
Notice under section 125A(1) of the publication of the Casual Employment Information Statement
I, SANDRA PARKER, Fair Work Ombudsman, acting in accordance with section 125A(1) of the Fair Work Act 2009, hereby GIVE NOTICE, of the publication of the Casual Employment Information Statement as set out herein:
Sandra Parker
Fair Work Ombudsman
29 March 2021
IMPORTANT: New casual employees also need to be given the Fair Work Information Statement.
Visit www.fairwork.gov.au/fwis for more information.
Who is a casual employee?
From 27 March 2021, changes to workplace laws relating to casual employees mean that you are a casual employee if:
- you are offered a job
- the offer does not include a firm advance commitment that the work will continue indefinitely with an agreed pattern of work
- you accept the offer knowing that there is no firm advance commitment and become an employee.
Find out more about the new workplace laws relating to casual employees, including what a firm advance commitment means, at www.fairwork.gov.au/reforms
The right to become a permanent employee (casual conversion)
As a casual employee, you have the right to become a permanent (full-time or part-time) employee in some circumstances. This is known as ‘casual conversion’. This can be a requirement for your employer to offer you casual conversion, or a right for you to request it.
Small businesses
If you are employed by a small business (fewer than 15 employees), your employer does not have to offer you casual conversion, but you can make a request to your employer if you meet the requirements for making a request (see table below). Unlike employees who work for a business with 15 or more employees, you don’t have to wait until 27 September 2021 before you can make a request. Find out more information about what a small business employer is and the rules for making a request at www.fairwork.gov.au/reforms
Other businesses
If you work for a business with 15 or more employees the rules about offers and requests for casual conversion are:
OFFERS | REQUESTS |
Your employer must make an offer to you to become a permanent employee if: - you’ve been employed by them for at least 12 months
- you’ve worked a regular pattern of hours for the last 6 months on an ongoing basis, and
- your regular hours could continue as a permanent employee without significant changes.
Your employer needs to make the offer to you in writing before 27 September 2021 or within 21 days after your 12-month anniversary, whichever is later. Your employer does not have to offer you casual conversion if: - there are reasonable grounds for them not to, or
- you are not eligible.
If this applies, they have to tell you in writing. You have 21 days to respond to the offer in writing. If you’re an existing casual employee at 27 March 2021, your employer needs to assess whether to make you an offer for casual conversion before 27 September 2021. If you don’t meet the requirements because you haven’t been employed for 12 months, your employer needs to tell you that in writing within 21 days of making the assessment. | After 27 September 2021 you can make a request to your employer to become a permanent employee if: - you’ve been employed by them for at least 12 months
- you’ve worked a regular pattern of hours in the last 6 months on an ongoing basis
- your regular hours could continue as a permanent employee without significant changes
- you haven’t refused a previous offer to become a permanent employee in the last 6 months
- your employer hasn’t told you in the last 6 months that they won’t offer you casual conversion on reasonable grounds, and
- your employer hasn’t already refused a request from you to become a permanent employee based on reasonable grounds in the last 6 months.
You need to make the request in writing, and you can make the request from 21 days after your 12-month anniversary. Your employer has to respond within 21 days. Your employer can only say no after consulting you, and only if there are reasonable grounds. They have to tell you in writing. If your employer refuses a request on reasonable grounds, you won’t be able to make another request for 6 months. You’ll need to meet the requirements to make another request. |
Casual conversion requirements
Find out more about requirements that apply to offers and requests to be a permanent employee, including rules about timeframes, making the offer or request in writing and responding in writing, and what counts as reasonable grounds, at www.fairwork.gov.au/reforms
What if there is a disagreement?
If you and your employer have a disagreement about casual conversion, there are steps you can take to help resolve it:
- If you’re covered by an award, agreement or employment contract with a process for dealing with disputes relating to the National Employment Standards, you need to follow that process.
- If not, you need to try to resolve the disagreement directly with your employer first. If you aren’t able to resolve it, you can refer your dispute to the Fair Work Commission.
You can also seek help from the Federal Circuit Court (including the small claims court) if your dispute is about whether:
- you meet the requirements for your employer to make an offer to you to become a permanent employee
- you meet the requirements to make a request to your employer for casual conversion
- your employer has reasonable grounds to not offer or agree to your request of casual conversion.
You can have someone to support or represent you through the dispute process (which could include a union entitled to represent you).
You can also find free online courses to help you have conversations at work, for example about casual conversion. For more information visit www.fairwork.gov.au/learning
The Fair Work Ombudsman and the Fair Work Commission can also help if you have a dispute about casual conversion.
FAIR WORK OMBUDSMAN | FAIR WORK COMMISSION |
- provides information and advice about your rights as a casual employee, including casual conversion entitlements
- gives information and advice about pay and entitlements
- has free calculators, templates and online courses
- helps resolving workplace issues
- enforces workplace laws and seeks penalties for breaches of workplace laws.
www.fairwork.gov.au – 13 13 94 | - deals with disputes about casual conversion (if you are not able to resolve them directly with your employer)
- can deal with your dispute through mediation, conciliation, making a recommendation or expressing an opinion
- if you and your employer agree, can deal with your dispute through arbitration (making a binding decision).
www.fwc.gov.au – 1300 799 675 |
Overview
The Fair Work Act 2009, enacted by the Parliament of Australia, addresses the issue of providing clarity and protection for casual employees within the Australian workforce. The legislation seeks to ensure that casual employees are aware of their rights and entitlements, including the right to convert to a permanent position under certain conditions. This Act aims to strike a balance between the flexibility of casual employment and the need to protect casual workers from unfair treatment. One of the key policy objectives of the Fair Work Act 2009 is to provide a framework for fair and effective workplace relations, ensuring that employees, regardless of their employment status, are treated with fairness and dignity. Through mechanisms such as the Fair Work Commission and the Fair Work Ombudsman, the Act facilitates the resolution of disputes and the enforcement of workplace laws, thereby promoting a harmonious and productive work environment.
Scope and Application
The Fair Work Act 2009, administered by the Fair Work Ombudsman, applies to casual employees within the Commonwealth of Australia, providing them with specific rights and protections. For individuals who are offered jobs without a firm advance commitment to ongoing work and accept these terms, they are classified as casual employees under the updated workplace laws effective from 27 March 2021. These laws mandate that casual employees have the right to convert to a permanent position under certain conditions, known as casual conversion. The application of these provisions varies depending on the size of the employing business, with businesses having fewer than 15 employees not required to offer casual conversion, though employees can still request it. Conversely, businesses with 15 or more employees must adhere to specific rules regarding offers and requests for casual conversion, which include criteria such as employment duration and regularity of hours worked. The Act extends its application through subordinate instruments, which provide further detail on the implementation and enforcement of these provisions, including specific timelines and procedural requirements for offers and requests related to casual conversion. The Fair Work Ombudsman and the Fair Work Commission play pivotal roles in providing information, advice, and dispute resolution services to casual employees and employers alike.
Key Provisions
The Fair Work Act 2009 (section 125A(1)) establishes the requirement for employers to provide a Casual Employment Information Statement to new casual employees, ensuring they are informed of their employment status and rights. Additionally, new casual employees must be given the Fair Work Information Statement. Employers are obligated to ensure that all casual employees receive these statements, which outline the terms of employment and rights related to casual conversion.
Employers must adhere to specific requirements and timelines when considering casual conversion. For businesses with 15 or more employees, employers must make written offers of casual conversion to eligible employees by 27 September 2021 or within 21 days after the employee's 12-month anniversary, whichever is later. Employers must also consult with employees and provide reasons in writing if they decide not to offer casual conversion due to reasonable grounds. Employees can request casual conversion if they have been employed for at least 12 months, have worked a regular pattern of hours for the last six months, and meet other specified criteria. Employers must respond to such requests within 21 days.
Failure to comply with the requirements of the Fair Work Act 2009 can result in significant penalties. Employers who do not provide the necessary Casual Employment Information Statement or Fair Work Information Statement may face enforcement actions from the Fair Work Ombudsman, which can include fines. Additionally, if employers fail to make or respond to offers or requests for casual conversion within the specified timelines or without providing reasonable grounds, they may also face penalties, including financial fines or legal action. The maximum penalties for breaches of workplace laws are set out in the Fair Work Act 2009 and can vary depending on the severity and nature of the breach.