Changes to casual employment laws to take effect 27th September 2021

Reminder: Changes to Casual Employment Laws

From the 27th September 2021, all employers (other than small business employers*) are required to assess their casual staffing arrangements to determine whether any of their existing casual employees, that were employed prior to March 27, 2021, are eligible to be converted to permanent employment status.

From there, employers must take one of two actions:

• For eligible employees – make a written offer for casual conversion to permanent employment
• (this must be done within 21 days of their assessment)
• For ineligible employees – provide written notice to their employee outlining why they will not be making them an offer for casual conversion (this must also be done within 21 days of an assessment, but no later than September 27)

If they wish to accept, employees must provide a written response to their employer within 21 days of getting the offer. If no response is given, it can be assumed the offer has been declined.

An employee is eligible for casual conversion if they have been employed for 12 months, worked a regular pattern of hours on an ongoing basis for at least the last 6 months, and they could continue performing these hours as either a part-time or full-time employee without any significant changes made.

Common reasons for refusing to offer casual conversion may include that the employee does not meet the inherent eligibility requirements for casual conversion, or they may be based on reasonable business grounds.

Reasonable business grounds may include:

• In the next 12 months:

o The position will not exist

o The employee’s hours will significantly reduce

o The employee’s days or times of work will significantly change and this cannot be accommodated within their current availability for work.

For small business employers, there is no obligation to offer casual conversion to casual employees. We would recommend checking the National Employment Standards or the relevant award that may apply to your employees for further information, or contacting us for additional information.

*Small business employers are employers with less than 15 employees, including casual employees engaged on a regular and systematic basis.

If you have any questions, please contact the friendly team at the AVA HR Advisory Service on 1300 788 977 or by email at  hrhotline@ava.com.au