Businesses employing casual employees are encouraged to check if they are meeting their obligations to staff after changes were made to casual employment laws in Australia. Businesses other than small business employers need to assess whether any existing casual employees are eligible to be offered and converted to permanent employment. Refer to your relevant Modern Award for further information.

As an employer, you will need to:

● Comply with relevant Modern Award casual conversion clauses,
● Have a documented conversation with your casual team members to talk through the changes,
● Provide every new casual employee a Casual Employment Information Statement (the CEIS) before or as soon as possible after they start their job.

You may:

● 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 27 September 2021).

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

Remember:

● If a team member is moving to a permanent role, provide a new employment contract and ensure all changes are reflected in the payroll systems.
● Offer casual employees part-time or full-time positions when they become available, again documenting all related correspondence.
● Ensure employees tender their availability for rosters as to give casual employees control over when they work.
● Have employees tender their availability and provide shifts using a workforce planning model that limits regular and systematic hours.
● Have a statement on all rosters outlining casual hours are not a guarantee of ongoing, regular and systematic work. Furthermore, it can be changed, varied or cancelled dependent on operational requirements and staffing levels.
● Ensure pay slips specify payment of the 25% casual loading.

Further assistance

Have questions about how this could impact your business? We’re here to help.

Call our HR Services Employer Assistance Hotline on 1300 135 822 or email advice@cciq.com.au