New laws regarding casual employment came into effect on 26 August 2024, introducing mandatory provisions for providing the Casual Employee Information Statement (CEIS) to casual employees, as well as changes to the process around requests for casual conversion to permanent employment.

Background

Employers are now no longer required to proactively offer casual conversion to the employee (except in circumstances that are outlined below under Transitional Arrangements). The responsibility to request a casual conversion now rests with employees. This means that employees who are eligible and interested in converting their casual employment to permanent part-time or full-time, will need to make a formal request.

In addition, the Fair Work Commission introduced further changes regarding the CEIS to ensure that casual employees are consistently informed of their rights, particularly regarding casual conversion.

Previously, the CEIS only needed to be provided once at the commencement of employment. However, the new laws require repeated distribution at specified intervals.

When to Provide the Statement

Employers must give the CEIS to casual employees:

• Before or as soon as practicable after starting employment.
• After 6 months of employment.
• After 12 months of employment.
• Every 12 months thereafter.

* For employers with fewer than 15 employees, the CEIS is only required at the start of employment and after 12 months.

These time periods are based on each casual employee’s period of service, meaning employers need to track and manage this individually for each employee.

How to Provide the Statement

Examples of how an employer can distribute the CEIS include:

• Personally handing the statement to the employee.
• By pre-paid post to the employee’s address.
• By email, sending the statement directly.
• By providing a link to the statement on the Fair Work Ombudsman (FWO) website, which can also be included in the letter of offer (this is the Positive HR recommended approach)
• Via an employer’s intranet, directing to a copy of the CEIS.
• Other suitable methods, as agreed upon.

Additional Requirements

At the start of employment, casual employees must receive both the Casual Employee Information Statement and the Fair Work Information Statement (FWIS). This dual requirement ensures that casual employees are fully aware of their rights from the onset of their employment.

Transitional Period

Until 26 February 2025, employers (excluding small business employers) are required to continue to offer casual employees who commenced employment prior to 26 August 2024, conversion to permanent employment under the old provisions.

The offer must be made in writing within 21 days after a casual employee’s 12-month anniversary, provided the following criteria are met:

• The employee was employed as a casual before 26 August 2024.
• The employee has been with the employer for at least 12 months.
• They have worked a regular pattern of hours on an ongoing basis for at least the last 6 months.
• Their hours could continue as full-time or part-time without significant changes.

Where can you go for more information?

The Fair Work Commission have published a downloadable fact sheet summarising the changes here Changes to casual employment laws (fwc.gov.au).

If you require tailored advice, feel free to reach out to the Positive HR team for a free consultation

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