NEWS: Definitions in modern awards have changed with casuals

As at 27 September 2021 all modern awards including the Passenger Vehicle Transportation Award 2020, are varied, from this date, to include the casual employment definition and the new casual conversion entitlement.
To this extent definitions in modern awards, that referred to employees as casuals only and payments to casuals by the hour, are removed, as are previous casual conversion clauses.
Employers need to give new casual employees a Casual Employment Information Statement before, or as soon as possible after, they start their new job. Large employers have to give their existing casual employees a copy of the CEIS as soon as possible, after 27 September.

The FWO is reminding employers today, other than small businesses, that they have until today, to assess whether their casual workers are eligible to be offered permanent employment.

The FWO says that employers, except small business employers, need to make a written offer to convert their casual employees to permanent employment by 21 days after the employee’s 12-month anniversary, if the employee:

  1. has been employed by the employer for 12 months; and
  2. has worked a regular pattern of hours on an ongoing basis for at least the last six months; and
  3.  could continue working these hours as a full-time or part-time employee without significant changes.

Larger employers need to assess, by today, whether any of their existing casual employees, employed before March 27, are eligible to be offered conversion to permanent employment. This means, any employee, who, as at the 27 March or thereafter, has worked for at least 12 months and fits the criteria, set out above must receive an invitation to convert.

Employers need to:

  • make a written offer to convert their casual employee to permanent employment (this must be done by 21 days after making the assessment); or
  • write to their casual employee explaining why they won’t be making an offer (this needs to be done within 21 days of making the assessment, but no later than today).

Note:

Casual school bus drivers, who work only 40 weeks a year, may not be casual employees, who are capable to working part time or full-time hours, 52 weeks a year.

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