6 steps to comply with the new ‘Casual’ laws

The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Cth) commenced operation on 27 March 2021.

Employers only have until 27 September 2021 to ensure their casual staffing arrangements comply.

1. Provide all existing and future casuals with a copy of the Fair Work Casual Employee Information Statement (CEIS) – Small business employers must give their existing casual employees a copy of the CEIS as soon as practicable. Other employers can wait until after 27 September 2021.

2. Review your current casual staffing.  Decide whether you have an obligation to offer eligible employees (hired before 27 March 2021) conversion to permanent employment. (Small business employers do not have to make an offer but their employees may still request conversion).

3. Within 21 days of your review either:

• Make a written offer to eligible employees to convert to permanent employment; or,
• Write and explain your reasons for not making an offer to convert (your reasons must meet the test of reasonable business grounds).

4. Upon acceptance, confirm the details of the employee’s conversion to permanent status in-writing in a new employment agreement detailing the hours of work and when the conversion will take effect.

5. Assess all future casual staff against the new statutory casual definition.  Ensure all casual arrangements are documented in employment agreements, and diarise to review each casual employee’s eligibility for conversion on their 12 month anniversary.

6. Respond in writing to employee requests for conversion within 21 days. Consult with the requesting employee and check any applicable Modern Award or Enterprise Agreement for additional requirements before finalising your decision.

Need help ?  Go to www.customhr.com.au or call Jodie on 0421166420