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Casual Employment Information Statement
Practical Law ANZ Glossary w-030-5258 (Approx. 4 pages)
Glossary
Casual Employment Information Statement
A document providing national system casual employees with information about their casual employment and casual conversion under Division 4A, Part 2-2 of the Fair Work Act 2009 (Cth) (FW Act), including:
- The meaning of "casual employee" under new section 15A of the FW Act (see Practice note, Statutory definition of casual employee).
- That an employer:
- offer for casual conversion must generally be made to certain casual employees within 21 days after the employee has completed 12 months of employment; and
- can decide not to make an offer for casual conversion if there are reasonable grounds to do so, but the employer must notify the employee of these grounds (see Practice note, Casual conversion: employer's obligation to offer conversion).
- That certain casual employees will have a residual right to request casual conversion (see Practice note, Casual conversion: employee's residual right to request conversion).
- The casual conversion entitlements of small business employers.
- The Fair Work Commission may deal with disputes about the operation of Division 4A, Part 2-2 of the FW Act (see Practice note, NES: Civil remedies and dispute resolution: NES casual conversion dispute resolution mechanism).
The requirement for the Fair Work Ombudsman to create and publish, and for employers to provide to casual employees, a Casual Employment Information Statement was introduced as a minimum entitlement into the National Employment Standards (NES) of Part 2-2 of the FW Act by the Fair Work Amendment (Supporting Australia's Economic Recovery) Act 2021 (Cth). On and from 27 March 2021, the Casual Employment Information Statement must be given by:
- All national system employers to every casual national system employee engaged on and from 27 March 2021 before, or as soon as practicable after, that employee starts employment (section 125B(1), FW Act).
- Small business employers, to every existing casual employee (whether they meet the statutory definition of casual employee, or not) as soon as reasonably practicable after 27 March 2021.
- All national system employers who are not small business employers, to every existing casual employee (whether they meet the statutory definition of casual employee, or not) who has not been offered or accepted conversion to casual employment by the employer, as soon as reasonably practicable after 27 September 2021.
An employer's failure to provide the Casual Employment Information Statement is a breach of a civil remedy provision (section 44, FW Act).
For more information about this statement, including different transitional measures relating to the provision of this statement to existing casual employees applicable to employers (depending on their size), see Practice note, Casual Employment Information Statement.