By 27 September 2021, employers (other than small business employers) need to have assessed whether any of their existing casual employees, employed before 27 March 2021, are eligible to be offered permanent employment.
Note: A ‘small business employer’ is a business that employs fewer than 15 employees at the relevant time (not including casual employees, unless they are regular casuals).
Which employees are eligible?
Casual employees are eligible to be offered permanent employment if:
- The employee has been employed for at least 12 months;
- The employee has worked a regular pattern of hours on an ongoing basis for at least the last 6 months; and
- The employee could continue working these hours as a full-time or part-time employee without significant changes.
What must employers do?
- Write to their eligible casual employee making an offer to convert their employment to permanent; or
- Write to their eligible casual employee explaining why they won’t be making an offer.
Both of these steps must be done within 21 days after making the assessment. Any decision not to make an offer of permanent employment must be done no later than 27 September 2021.
What must the employee do?
Employees then have 21 days to confirm in writing if they wish to accept an offer. If no response is received, employers can assume that the offer has been declined.
There are more Ts & Cs around these rules, which can be found at the Fair Work Ombudsman.