Casual Employment Fair Work Act 2009 Changes Commencing 26 August 2024
From 26 August 2024 the changes to the Fair Work Act 2009 ("FWA") in regards to casual employment came into effect.
The Closing Loopholes No 2 Act significantly amends the Fair Work Act 2009 (Cth) and includes the following changes with respect to casual employment:
• repealing the existing definition of ‘casual employee’ in s.15A FWA and introducing a new definition that includes a ‘general rule’ and ‘indicia’ in assessing whether the employment relationship is characterised by an ‘absence of a firm advance commitment to continuing and indefinite work’, and takes into account the totality of the employment relationship;
• clarification that an employee engaged as a casual employee will remain a casual employee until the occurrence of a ‘specified event’;
• replacing casual conversion arrangements with a new pathway for employees to change from casual employment to full-time or part-time employment through ‘employee choice’. Casual employees may provide their employer with written notification if they believe they no longer meet the requirements to be a casual employee and such notification can be provided after 6 months (if employer is not a small business) or 12 months (for small-business employers) of employment;
• replacing the process currently set out in s.66M (‘Disputes about the operation of this Division’) with a new process for resolving disputes about changes to casual employment;
• additional obligations for employers in relation to the Casual Employment Information Statement;
• establishing an anti-avoidance framework in relation to sham contracting of casual employees to deter employers from engaging in tactics to avoid the new provisions.
Further information can be obtained by clicking on the download button to see a detailed circular from the AFEI (Australin Federation of Employers and Industries).