Our workplace legislation has been amended as from 27 March 2021 to provide for more certainty as to who is a casual employee, and consequential issues including concerning NES entitlements and conversion to permanent employment.

Under the amendments, a person will be a casual employee if the offer of employment is on the basis that there is no firm advance commitment to continuing and indefinite work according to an agreed pattern of work for the person, and the employee has accepted the offer and became an employee on that basis.

After 12 months of casual employment, if in at least six of them the employee has worked regularly and on an ongoing basis, the employer must offer permanent employment unless there is a reasonable business justification not to.

The Fair Work Ombudsman is to publish a Casual Employment Information Statement which is to be provided to inform casual employees of those rights.

For advice relating to business law, please contact Peter Muller at peterm@qbmlaw.com.au