Steps for Businesses with more than 15 employees to take before 27 September 2021.
Assess all Casual employees employed as at 27th March 2021 to see if you are required to offer conversion to permanent Full-time or part-time employment.
- This can be carried out at any time before 27th September 2021.
- Applies to all casuals, regardless of whether or not they meet the new statutory definition of casual employee.
- Questions to ask at time of assessment.
- Have they been employed for 12-months?
- In the previous 6-months have they worked a regular and systematic pattern of hours that without a significant adjustment they could continue working in the capacity of full-time or part-time.
Step Two (A)
If the casual has not been employed for you for 12-months or has not work regular and systematic pattern of work for at least 6-monthd which without a significant adjustment they could continue working in the capacity of full-time or part-time then:
- Give the employee a written notice setting out.
- That a written offer of conversion will not be given
- The reasons why a written offer is not being given. This may include.
- Not employed for 12-months
- Work pattern not regular or systematic for a period of 6-months which the employee could continue as a full-time or part-time employee.
- Or any other reasonable grounds such as known business changes coming up that.
- The conversion will need to be considered again if the employee completes 12-months service after 27th September 2021.
- Employee cannot make a request for conversion until after the 27th of September 2021.
Step Two (B)
If the causal has been employed for a period of 12-month and has worked at least 6-months in a regular and systematic pattern of work which can be continued in a full-time or part-time capacity without significant adjustments, then.
- Consider if there are any reasonable grounds for not making the offer.
- If reasonable ground exists, then given written notice as per step Two (A) above
What are reasonable grounds?
- The employees’ position will cease to exist in the period of 12 months after the time of deciding not to make the offer.
- The hours of work which the employee is required to perform will be significantly reduced in that period.
- There will be a significant change in either or both of the following in that period.
- The days on which the employees’ hours of work are required to be performed.
- The times at which the employees’ hours of work are required to be performed.
Which cannot be accommodated within the days or times the employee is available to work during that period?
- Making the offer would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or Territory.
If the casual employee has been employed for 12 months and has worked at least 6 months in a regular and systematic pattern of hours which the employee could continue in a full-time or part-time capacity without any significant adjustments needing to be made and there are no reasonable grounds for not making the offer of conversion, then.
- The employer must give the employee a written offer to convert.
- Either on a full-time of part-time bases depending on the pattern of hours worked
- Make this offer within 21 days of the date of assessment (but before 27th September 2021)
Step Four (A)
If the employee declines the offer or does not respond within 21 days of the offer being made, then they can continue as a casual employee.
- An employee cannot make a request to convert for a further 6 months.
- Recommended that a letter is given to employees confirming they will not convert.
Step Four (B)
If the employee accepts the offer to convert the employer must within 21 days of acceptance
- Discuss with the employee the following matters and then give the employee a written notice confirming.
- Whether the employee is converting to full-time or part-time employment
- The hours of work after the conversion takes effect.
- The date the conversion takes effect (which must be the first day of the employees first full pay period that starts after the day the notice is given unless the employee and the employer agree another day)
SEE DIAGRAM BELOW
Need help or support when it comes to the casual employee conversion process then book in a FREE 30-minute discovery session using the link below