On 27th March 2021, new amendments were made to the Fair Work Act 2009, affecting the workplace rights and obligations for casual employees.
Here's a summary of the changes, timelines to be aware of, and how you can use WorkPro right now to meet your new compliance requirements.
- Casual Employment Information Statements (CEIS) are now required to be provided by employers to all casual employees. Small businesses (defined as a business under 15 employees) must provide this as soon as possible to existing casual employees, while all other employers have until 27th September 2021 to meet compliance.
Note: this statement is in addition to the updated Fair Work Information Statement (updated 29th March 2021) which forms part of the National Employment Standards (NES).
- Existing casual employees – these are defined as those employed immediately before 27th March 2021.
- Casual employee definition – An individual is defined as a 'casual employee' if they accept a job offer knowing it is on a 'casual' basis. – i.e. there is no evidence of a commitment to ongoing work in advance with an agreed pattern. Once employed, they continue to be a casual employee until they stop that employment, or begin a new permanent role through the pathway of 'casual conversion'.
- Casual conversion – a new entitlement has been added to the NES that provides a pathway for casual employees to become permanent. Rules have also been introduced in regards to making and responding to these offers.
- Legal action – A new avenue has been created to resolve disputes about casual conversion through the Federal Circuit Court.
MORE UPDATES TO COME.