The Australian Public Service Commission (APSC) has produced a Circular informing Departments, Agencies and employees of changes in the Fair Work Act relating to the employment of casual workers.
APSC said Circular 2021/03: Fair Work Act changes to Casual employment detailed that the Act had been amended to provide a definition of a casual employee; a pathway for casual employees to convert to full-time or part-time employment; and an obligation to provide casual employees with a Casual Employment Information Statement (CEIS).
The Commission said all casual employees must be provided with access to the CEIS, which would acquaint them with their right to eventually become a permanent employee.
“These changes came into effect on 27 March (this year) and apply to all former, existing and new casual employees, including those who commenced employment before 27 March, provided their initial employment offer meets the new definition of casual employment,” it said.
APSC said that, generally, employers must offer to convert a casual employee to full-time or part-time (permanent) employment where the employee had been employed for 12 months; during the last six months had worked a regular pattern of hours; and could continue working those hours without significant adjustment.
It said, however, that casual conversion offer was not required to be made by the employer where there were reasonable grounds not to do so, either known or reasonably foreseeable.
APSC said the grounds could include that the position would cease to exist or the hours worked would become substantially less within 12 months, or that there would be a significant change in the days or times of work which could not be accommodated by the employee.
The Commission said agencies with questions on these issues were encouraged to contact their APSC relationship manager or the Workplace Relations inbox at [email protected].
APSC Circular 2021/03 can be accessed at this PS News link.
