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23 August 2021

Casual Conversion Deadline Approaching

Rebecca Crawford

Consultant

By its recent decision in WorkPac Pty Ltd v Rossato & Ors [2021] HCA 23, the High Court has removed the possibility of a constitutional challenge to the Federal Government’s changes to the Fair Work Act 2009, which aim to provide certainty for employers of casual staff.   

Employers should now focus on the approaching deadline to comply with the new casual conversion requirements under the Fair Work Act.

By 27 September 2021, employers (other than small business employers, being employers with fewer than 15 employees at a particular time) need to:

  • assess whether any of their existing casual employees (employed before 27 March 2021) are eligible to be offered a conversion to permanent employment; and
  • advise their casual employees in writing:
    • of an offer to convert to permanent employment; or
    • the eligibility grounds or reasonable grounds on which the employer is not making an offer to convert to permanent employment.

Small business employers have obligations to consider and properly respond to requests for casual conversion initiated by their employees.

For more information please contact Rebecca Crawford by email: [email protected] or telephone: (03) 6338 2390.

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