Under changes to the Fair Work Act employers are required to provide all casual employees with a Casual Information Statement on their commencement and at regular intervals thereafter. The purpose of these statements is to remind those employees of their rights in relation to seeking permanent employment.
Employers are required to provide all casual employees with the Casual Employment Information Statement as soon as practicable after a casual employee starts work.
The information sheet provides explanations and advice on the following:
- Casual definition
- How casuals can become permanent
- When can the employer reject casual conversion to permanent
- Disputes about casual conversion
At 6 months (and 12 months for small businesses) after commencement of employment the employer will be required to provide the casual employee with another copy of the Statement. This is to remind them of the casual to permanent conversion provisions of the Fair Work Act.
The employer must then provide this Information Statement on every anniversary of their employment while they remain a casual.
Employers are also prevented from terminating and re-employing casuals for the purposes of evading the conversion requirements.
You can access the Fair Work Casual Information statement here.
This change is effective from 6 December 2023.
Enterprise Agreements or Employment Contracts
Casual definitions or casual conversion clauses in enterprise agreements or employment contracts cannot provide a lessor benefit of casual conversion or casual definition than is outlined in the Fair Work Act.
Please contact Hunter Employee Relations if you wish to discuss the best options for employing casuals, part-time or full-time staff.
Kind Regards
Michael Schmidt
M 0438 129 728
michael@hunteremployeerelations.com.au
www.hunteremployeerelations.com.au
Industrial Relations - Employment Law - Workplace Performance