Home > News > 27 September 2021 Deadline Reminder: Casual Conversion Employer Obligations

27 September 2021 Deadline Reminder: Casual Conversion Employer Obligations

Spread the love

By Jennifer Sung, Lawyer

In March 2021, the Fair Work Act 2009 (Cth) was amended to introduce casual conversion obligations for non-small business employers.

This article is intended to remind all employers (that employ 15 or more permanent or regular and systematic casual employees) to comply with their casual conversion obligations.

Any casual employee who was employed before 27 March 2021 must be assessed for casual conversion by 27 September 2021.

If both criteria below are met for any such casual employee, a casual offer of conversion must be made:

  1. The casual employee has been employed for at least 12 months at the time of the assessment; and
  2. During at least the last 6 months from the time the assessment is made, the employee has worked a regular pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to work as a full-time employee or a part-time employee (as the case may be).

If either criteria above are not met for any such casual employee, the employer must, by no later than 27 September 2021, write to the employee and provide explain the reasonable grounds for which an offer of permanent employment will not be made.

The Employment Law team at MST Lawyers can assist you in understanding your employer obligations in relation to your casual employees including preparing a suite of template casual conversion letters to support you in meeting the legal requirements of the casual conversion process.

Contact the MST Employment Law team today by email at EmploymentLaw@mst.com.au or +61 3 8540 0266.