Who is a casual employee?

From 27 March 2021, changes to workplace laws relating to casual employees mean that you are a casual employee if:

you are 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.

Find out more about the new workplace laws relating to casual employees, including what a firm advance commitment means, at www.fairwork.gov.au/reforms

The right to become a permanent employee (casual conversion)

As a casual employee, you have the right to become a permanent (full-time or part-time) employee in some circumstances. This is known as ‘casual conversion’. This can be a requirement for your employer to offer you casual conversion, or a right for you to request it.

Small businesses

If you are employed by a small business (fewer than 15 employees), your employer does not have to offer you casual conversion, but you can make a request to your employer if you meet the requirements for making a request (see table below). Unlike employees who work for a business with 15 or more employees, you don’t have to wait until 27 September 2021 before you can make a request. Find out more information about what a small business employer is and the rules for making a request at www.fairwork.gov.au/reforms

Other businesses

If you work for a business with 15 or more employees the rules about offers and requests for casual conversion are:

OFFERS

REQUESTS

Your employer must make an offer to you to become a permanent employee if:

you’ve been employed by them for at least 12 months
you’ve worked a regular pattern of hours for the last 6 months on an ongoing basis, and
your regular hours could continue as a permanent employee without significant changes.

Your employer needs to make the offer to you in writing before 27 September 2021 or within 21 days after your 12-month anniversary, whichever is later.

Your employer does not have to offer you casual conversion if:

there are reasonable grounds for them not to, or
you are not eligible.

If this applies, they have to tell you in writing.

You have 21 days to respond to the offer in writing.

If you’re an existing casual employee at 27 March 2021, your employer needs to assess whether to make you an offer for casual conversion before 27 September 2021. If you don’t meet the requirements because you haven’t been employed for 12 months, your employer needs to tell you that in writing within 21 days of making the assessment.

After 27 September 2021 you can make a request to your employer to become a permanent employee if:

you’ve been employed by them for at least 12 months
you’ve worked a regular pattern of hours in the last 6 months on an ongoing basis
your regular hours could continue as a permanent employee without significant changes
you haven’t refused a previous offer to become a permanent employee in the last 6 months
your employer hasn’t told you in the last 6 months that they won’t offer you casual conversion on reasonable grounds, and
your employer hasn’t already refused a request from you to become a permanent employee based on reasonable grounds in the last 6 months.

You need to make the request in writing, and you can make the request from 21 days after your 12-month anniversary. Your employer has to respond within 21 days. Your employer can only say no after consulting you, and only if there are reasonable grounds. They have to tell you in writing.

If your employer refuses a request on reasonable grounds, you won’t be able to make another request for 6 months. You’ll need to meet the requirements to make another request.

Casual conversion requirements

Find out more about requirements that apply to offers and requests to be a permanent employee, including rules about timeframes, making the offer or request in writing and responding in writing, and what counts as reasonable grounds, at www.fairwork.gov.au/reforms

What if there is a disagreement?

If you and your employer have a disagreement about casual conversion, there are steps you can take to help resolve it:

If you’re covered by an award, agreement or employment contract with a process for dealing with disputes relating to the National Employment Standards, you need to follow that process.
If not, you need to try to resolve the disagreement directly with your employer first. If you aren’t able to resolve it, you can refer your dispute to the Fair Work Commission.

You can also seek help from the Federal Circuit Court (including the small claims court) if your dispute is about whether:

you meet the requirements for your employer to make an offer to you to become a permanent employee
you meet the requirements to make a request to your employer for casual conversion
your employer has reasonable grounds to not offer or agree to your request of casual conversion.

You can have someone to support or represent you through the dispute process (which could include a union entitled to represent you).

You can also find free online courses to help you have conversations at work, for example about casual conversion. For more information visit www.fairwork.gov.au/learning

WHO CAN HELP?

The Fair Work Ombudsman and the Fair Work Commission can also help if you have a dispute about casual conversion.

FAIR WORK OMBUDSMAN

FAIR WORK COMMISSION

provides information and advice about your rights as a casual employee, including casual conversion entitlements
gives information and advice about pay and entitlements
has free calculators, templates and online courses
helps resolving workplace issues
enforces workplace laws and seeks penalties for breaches of workplace laws.

www.fairwork.gov.au – 13 13 94

deals with disputes about casual conversion (if you are not able to resolve them directly with your employer)
can deal with your dispute through mediation, conciliation, making a recommendation or expressing an opinion
if you and your employer agree, can deal with your dispute through arbitration (making a binding decision).