A recent overhaul of the Fair Work Act 2009 (Cth) (the Act) aims to boost Australia’s recovery post Covid 19, plus provide better clarity for both employers and employees, particularly regarding casual workers.
The changes address the contentious decisions of the Federal Court in the cases of Workpac Pty Ltd v Skene  FCAFC 131 and Workpac v Rossato  FCAFC 84.
These decisions had a direct impact on employers and employees throughout Australia by allowing long-term casual employees to ‘double dip’ and access both casual loading and leave entitlements.
How do these changes affect your business?
The changes aim to provide greater certainty for employers that hire casual employees, by including in the Act:
- a new definition of ‘casual employee’;
- a mechanism to convert casual employment to full time/part time employment after 12 months; and
- a requirement that the court offset any casual loading paid to an employee against any amounts later found owing (ie leave entitlements, notice and redundancy) as a result of a court finding that the employee was not a casual.
What do you need to do?
From 27 March 2021, employers must give every new casual employee a Casual Employment Information Statement (the CEIS) before, or as soon as possible after, they start their new job.
Small business employers need to give their existing casual employees a copy of the CEIS as soon as possible after 27 March 2021. Other employers have to give their existing casual employees a copy of the CEIS as soon as possible after 27 September 2021.
The CEIS can be downloaded here:
If you have questions in respect of your obligations or entitlements, please call Keir Steele Waldon Lawyers.