Recent Amendments to the Fair Work Act 2009

13 August 2021
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Recent Amendments to the Fair Work Act 2009

As September is fast approaching, businesses need to consider the recent amendments to the Fair Work Act regarding their casual employees.

The new definition as prescribed by the Fair Work Act is “a person who accepts a job offer from an employer knowing that there is no firm advance commitment to ongoing work with an agreed pattern of work.”

Overview of changes

The Fair Work Act has been amended to include:

  • Casual employment information statement (CEIS)
  • Definition of casual employment
  • Pathway for casual employees to become permanent employees

What do employers need to do?

Provide all existing casual employees a copy of the CEIS asap after 27 September 2021

  • Small business employers were required to give their existing casual employees a copy of the CEIS as soon as possible after 27 March 2021
  • Other employers need to give their existing casual employees a copy of the CEIS as soon as possible after 27 September 2021

Conversion to permanent status

Small business employers (<15 employees)

  • Don’t have to offer casual conversion in writing to the employees, however a casual employee can request to convert to permanent on or after their 12-month anniversary (regardless of whether that date comes before 27 September)

Other business employers (>15 employees)

  • Casual employees who have worked for their employer for 12 months and meet the eligibility criteria need to be offered the option to convert to full-time or part-time (permanent) employment by their employer.
  • The employer must offer all eligible casual employees the conversion in writing by 27 September 2021 or within 21 days after their 12-month anniversary (whichever is later)
  • After 27 September 2021 eligible casual employees can also request to convert to permanent.

We hope you’ve enjoyed our article about “Recent Amendments to the Fair Work Act 2009”. If you’d like to learn more about fair work changes or require HR support, please contact us and one of our HR specialists will get in touch shortly.

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