From 27 September 2021, a significant change to casual employment regulations will occur and you need to prepare now.
The NES (or National Employment Standards) provide a number of minimum employment entitlements which must be provided to all employees – regardless of their award, agreement or employment contract. Casual employees only received a few of these entitlements and one is having a pathway to becoming a permanent employee – known as “casual conversion”.
Currently, casual employees must request a conversion from casual to permanent employment. However, from 27 September, employers will be obliged to make casual conversion offers to all eligible, casual employees.
Eligibility criteria
Casual employees will be eligible to receive a conversion offer if:
- They have been employed by you on, before or after 27 March 2021
- They have worked for you for at least 12 months
- There has been a regular pattern of work on an ongoing basis for at least 6 months
- They could continue to work as a permanent employee (part or full-time) without significant adjustment
As an employer, you need to show reasonable grounds if you do not wish a casual employee to convert to permanent status.
What do you need to do before 27 September?
The Fair Work Commission will have the power to vary enterprise agreements to resolve any uncertainties or inconsistencies with the new statutory provisions.
Therefore, in light of these changes, you need to review any modern awards, agreements or employee contracts you currently have in place before 27 September to ensure they confirm with the new:
- Statutory definition of casual employees and
- NES casual conversion rules
Alternatively, you can get in touch with us to assist you in reviewing your current employee awards, agreements or contracts.
What do you do if an eligible employee declines to take up the casual conversion offer?
Get in touch with us because it’s complicated and you need to ensure you are protected and compliant.
Outsourced HR – what you need, when you need it
End2end Business Solutions provide thorough and tailored human resource expertise for businesses – either on an ad hoc basis or ongoing. Their clients are kept up-to-date with upcoming changes to Fair Work requirements as well as advice and guidance on a wide range of people management issues.
For help to manage your casual conversion obligations and other people management issues, contact the team at End2end Business Solutions on 02 8977 4002.