Do you employ casuals? Steps to take before 27 September 2021
As detailed in our previous article, the law has recently (significantly) changed regarding casual employment. In particular, there are new obligations to offer certain casual employees “conversion” to permanent employment.
For employers with 15 or more employees there are mandatory steps that must be taken before 27 September 2021, as explained further below. We also recently held a webinar on the new laws affecting casual employees, which can be accessed through the following link.
One of the most important new obligations on employers concerns “converting” certain casual employees to permanent (full-time or part-time) employment.
Generally, casual employees will be eligible to convert if they have been employed for at least 12 months and in at least the last 6 months they have worked for a regular pattern of hours.
Importantly, non-small business employers (those with 15 or more employees) only have until 26 September 2021 to inform all casual employees (that were employed by the business on or before 27 March 2021) whether or not they are eligible to convert. This notification must be made in writing in a prescribed format. Practically speaking employers should comply with these obligations well in advance of 26 September 2021 to give themselves adequate time to discuss matters with employees and get the relevant documentation in place.
There are separate obligations than will apply to non-small business employers from 27 September 2012 onwards regarding offering conversion to casual employees who have been employed for 12 months, with at least 6 months on a regular basis.
For small business employers (those with less than 15 employees) the new obligation is to consider requests for conversion from casual employees who have at least 12 months of employment (with at least the last 6 months worked on a regular basis).
The new laws are complex, but we have produced a free guide on the conversion process, which includes handy flowcharts to take you through your obligations step by step.
About Employment Innovations
Employment Innovations is one of Australia’s leading providers of employment services designed to increase productivity and ensure compliance. Its services and solutions include all the tools that every Australian small to medium sized employer needs – including workplace advice, legal services, payroll solutions, migration, human resource management and HR software. If you require any assistance with this process, or to access the template letters you will be required to issue employees, please contact Employment Innovations.
The information provided in these blog articles is general in nature and is not intended to substitute for professional advice. If you are unsure about how this information applies to your specific situation we recommend you contact Employment Innovations for advice.