Casual Terms Review 2021 – Time to update your casual employment contracts
The Fair Work Commission are conducting a casual terms review in light of the new inclusions of casual definition and conversion in the Fair Work Act 2009 (Cth) (the Act). This review is looking at the casual clauses in Modern Awards and may vary Modern Awards where necessary to remove any inconsistencies and/or issues caused by the changes to the Act.
The Casual Terms Review is being conducted in two stages. In the first stage of the Review the Commission reviewed six Modern Awards. Stage 2 is divided into a number of groups and as part of this initial review the Fair Work Commission has reviewed 30 Modern Awards. The remaining Awards are to be reviewed at a later date.
To access a list of Awards click here:
The insertions to the applicable Modern Awards include the following:
Casual Employee Definition
Under the Fair Work Act 2009 (Cth), if a person is offered employment without a “firm advanced commitment to continuing and indefinite work” and the person accepts the offer, that person is a casual employee even if there are any changes to the employment relationship after this.
When determining whether an employee is a casual employee the assessment is based on the offer of employment, not what happens throughout the employment relationship after this.
Casual Conversion
Employers must now offer to convert a casual employee to permanent employment if the employee has 12 months service and during the last 6 months has worked a regular and systematic pattern of hours without significant adjustment. However, employers are not obliged to offer casual conversion if there are reasonable business grounds.
Employers should be aware that these amendments go beyond the current casual conversion terms in the awards which entitles casual employees to request conversion. Under the amendments employers are now obligated to offer casual conversion irrespective of an employee making a request.
Need help?
Give us a call on our Business Advice Hotline on (08) 8300 0000 (select option 1) and we can check this for you.
It’s also a good time to check your employment contracts reflect the current definition of casual employment – speak with one of our Workplace Relations Consultants today on (08) 8300 0000.
The following Awards will have changes to the casual clauses effective 27 September 2021:
Stage One Awards
Stage 2 Awards (Group 1)
