There have been some very important changes recently to the laws regarding casual employees.
The National Employment Standards now include a right for a casual employee to become a full-time or part-time employee in the following circumstances:
- They have been with the same employer for 12 months;
- They have worked a regular pattern of hours for at least the last 6 months on an ongoing basis; and
- They could continue working those hours as a permanent employee without significant changes.
Employers must offer those employees who tick off on the above criteria, the option of full-time or part-time employment (unless there are ‘reasonable’ grounds not to).
Small businesses (less than 15 employee) are exempt from the casual conversion requirements to offer permanent employment. However, an employee can still make a request for permanent employment, if they meet the above requirements.
Businesses who currently employ casual staff, or will be hiring casual staff in the future now must supply them with a Casual Employment Information Statement. You can access this document here
If you need assistance navigating these recent changes to the Fair Work Act, please get in touch with us.
Francine Hoyne-Clancy
Senior Associate, Workplace Relations/Employment Law
