Are you across the latest changes to the Fair Work Act regarding casual employees?
Recent changes to the Fair Work Act now require small business employers (fewer than 15 employees) to provide existing casual employees (employed before 27 March 2021) a copy of the Casual Employment Information Statement (CEIS) as soon as possible after 27 March 2021.
THE CEIS PROVIDES INFORMATION ON THE FOLLOWING:
- Definitions and expectations of casual employment
- Eligibility criteria for casual conversion
- Timeframe employers are obliged to provide casual employees with a permanent contract
- Reasonable grounds not to offer casual conversion
- Small business requirements
- Dispute avenues through the Fair Work Commission
HOW DO I NEED TO PROVIDE THE CEIS TO MY CASUAL EMPLOYEES?
Employers can give casual employees the CEIS:
- In person
- By mail
- If the employee agrees, by emailing a copy of the CEIS or a link to the CEIS on our website.
WHO IS A CASUAL EMPLOYEE?
As outlined in the CEIS, a Casual Employee is someone who:
- Is offered a job
- The offer does not include a firm advance commitment that the work will continue indefinitely with an agreed pattern of work
- You accept the offer knowing that there is no firm advance commitment and become an employee.
WHAT IF MY CASUAL EMPLOYEE REQUESTS A PERMANENT POSITION?
Casual employees have the right to become a permanent (full or part-time) employee in some circumstances – this is known as ‘Casual Conversion’. If you are a small business (fewer than 15 employees) you do not have to offer casual conversion, but your employee can request if you meet the requirements for a request (see the CEIS for rules about offers and requests for casual conversion).
I NEED MORE INFORMATION
If you’re unsure of your obligations, please contact Greenhalgh Pickard’s employment law department on (07) 5444 1022.