REMINDER - Have you assessed your casual workforce? 6 month grace period ending 27 September 2021

Changes to the Fair Work Act relating to casual employees came into effect on 27 March 2021. Check out our previous article which explains those changes here.

The High Court has also recently overturned the Full Federal Court decision in Workpac v Rossato* which was handed down in 2020 and had caused significant controversy around the engagement of casual employees. Such changes align with the new definition of a casual within the FW Act. Check out our previous article which explains the decision here.

A 6-month grace period (ending soon on 27 September 2021) was granted to non-small business employers (those with more than 15 employees) to assess their current casual workforce as to whether any of their casuals are eligible for an offer to convert to permanent, in accordance with the new casual conversion obligations under the FW Act.

Employers should also be reviewing their existing casual employment contracts to ensure that they comply with the new definition of ‘casual’ within the FW Act and making any necessary amendments.

As soon as possible after 27 September 2021, employers should also be providing their current (and any new) casual employees with a copy of the Casual Employment Information Statement.  Small business employers (those with fewer than 15 employees) should however provide a Casual Employment Information Statement to their existing casual employees as soon as possible.

Contact our McKays employment law team to assist you to review your employment contracts and ensure your business is meeting its obligations in relation to your casual workforce.

*[2020] FCAFC 84