There have been recent changes made to the Fair Work Act 2009 (CTH) (FW ACT) which now offer a legislative definition of “Casual employee” which was previously defined by the common law (i.e. the courts). A Casual employee is defined as a person who is offered and accepts employment, where the employer makes no firm advance commitment to continuing and indefinite work. Once the employee is employed as a casual, they will continue to be a casual employee until they are made a permanent employee by either casual conversion, or by being offered and accepting full time/ part time employment. Casual Employees which are not employed in a small business are now eligible to make a request to convert to a permanent position 12 months and 21 days from the commencement their employment and they fulfill the requirements to make the request.
From March 2021, Employers are now required to provide each new casual employee a “Casual Employment Information Statement” when they start their new job. Small business employers are required to provide existing casual employees with a copy of the of the statement as well.
Please contact our office to discuss what your entitlements may be as a casual employee, or your requirements you are required to follow as an employer.
This article was published on 20/09/22 and the information is valid only to the date of publishing. This article should be considered merely general and non-specific on the subject matter and is not and should not be considered or relied on as legal, advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.