CER previously advised members about changes to the Fair Work Act 2009 (Cth) (the “Act”) which require employers to offer to convert certain casual employees to ongoing employment. You can access our earlier advice here and here. CER foreshadowed that template letters would be provided to members to advise casual staff whether a conversion offer would or would not be made.
There are four different letters available:
- An offer to convert a casual employee to ongoing employment.
- Notice that an offer is not being made as the employee has not worked a regular pattern of hours over the previous six months on an ongoing basis which, without significant adjustment, the employee could work as a full time or part time employee.
- Notice that an offer is not being made on reasonable grounds.
- Notice that an offer is not being made to an existing casual employee because they have not been employed for 12 months. This letter will only be necessary during the six-month transitional period up to 27 September 2021. Any existing casual employees who receive this notice will need to be reassessed once they have been employed for 12 months.
Employers should include as much detail as possible in the letters as to why offers to convert are not being made. This will assist employers to defend their decision should it be challenged by an employee. CER is able to assist members with individual cases as necessary.
Where an offer to convert is being made, the Act says that the employee must respond within 21 days "after the offer is given to the employee". It would be prudent to provide any offers by email or in person (rather than by regular post) to avoid disputes about how to measure this timeframe. If an offer is served by post and there is a dispute about the time within which the employee must respond, members should seek advice from CER.
Template letters are available by request below.
