Workplace Rights and Obligations for Casual Employees

In late March 2021, there were a number key reforms made to the Fair Work Act 2009 affecting the workplace rights and obligations for casual employees.

Here are just some of the key changes and timelines to be aware of immediately:

1) The definition for a casual employee has now been strengthened and 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 the casual employment ceases, or begin a new permanent role through the pathway of 'casual conversion'.

2) All employers are required to provide all casual employees a Casual Employment Information Statements (CEIS). Small business (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 requirements. 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).

3) Obligation on an employer to offer casual employees the ability to convert to full or part time employment. Rules have also been introduced in regards to making and responding to these offers.

4) Disputes about casual conversion have a new avenue through the Federal Circuit Court.

5) In the event that an ongoing employee is misclassified as a casual, the reform provides for a casual loading amount to be offset against claims for leave and other entitlements. In other words, misclassified employees cannot double dip in regards to the casual loading and leave entitlements.

This article has been summarised, the accredited source is Morgan & Agnew Lawyers.  
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Needing advice and help?

If  you  would  like  assistance with  better  understanding all  the  reforms, timelines and  Employer obligations, the team of advisors at People Matters Advice can assist you with practical advice and support.

AB Phillips' People Matters Advice is a dedicated 'people advisory service' that provides subscribers with practical and contemporary advice and support via phone or email. It is a 12-month subscription that provides direct access to HR Consultants, Workers Compensation and Safety & Wellbeing experts, who are ready to discuss and advise on any employee related issues, questions or concerns you might have.

For support and assistance, please contact our team of advisors at AB Phillips, Monday to Friday between 9:00 am and 5:00 pm AEST by phone on 1300 208 828 or email advice@abphillips.com.au

Please note that the above information is provided as comment and should not be relied on as a substitute for detailed professional advice from AB Phillips or professional legal and or financial advice on any particular matter. Where you would like additional information and support about the content in this document please contact AB Phillips.