Casual employment transitional period

The recent amendments to the Fair Work Act 2009 (FW Act) include some important transitional arrangements which employers of casual employees need to comply with by 27 September 2021.

Our previous article in May ‘Casual conversion under the NES’ outlined the major changes to casual employment laws including the new casual conversion provisions inserted into the National Employment Standards.

A 6-month ‘transition period’ applies up to 27 September 2021. By this date, an employer (other than a ‘small business employer’, defined as one that employs less than 15 employees) must, in relation to all casual employees who started their employment with the employer before 27 March 2021, assess each casual employee against the conversion criteria and either:

• Offer conversion to eligible casual employees (unless the employer has reasonable grounds not to); or
• Provide a notice to each casual employee who is not offered conversion that includes the reasons why the employer has not provided the offer.

An employer must also give each casual employee who started their employment before 27 March 2021, the Casual Employment Information Statement as soon as practicable after 27 September 2021. An employer can choose to give the Statement at an earlier time.

‘Small business employers’ were required to give each casual employee who started their employment before 27 March 2021, the Casual Employee Information Statement as soon as practicable after 27 March 2021.