Comply with casual employee conversion (Closing Loopholes — s 66B Fair Work Act)
From 26 Aug 2024, eligible casual employees can notify their employer to convert to permanent employment.
Who must comply
All national-system employers using casual employees.
What triggers it
Eligible casual employee notification.
When due
Employer response within 21 days; conversion follows under s 66C.
Evidence required
Decision file note, reasons for refusal if applicable, updated employment contract.
Max penalty
Civil penalty for breach of s 66B or victimisation up to $99,000 (individual) / $495,000 (corporation)
Summary
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 reset the casual employment definition (s 15A) and notification-to-convert pathway (s 66B). Employees must work a regular pattern that suggests permanent employment for 6 months (12 months for small business employers). Employers may refuse only on fair and reasonable grounds.
Enforced by
Source legislation
Topics
Related obligations
- CWLTHEmployee-like worker minimum standards (Closing Loopholes No. 2 2024)FWC can set minimum standards for 'employee-like' workers (gig economy).
- CWLTHProvide 10 days paid family + domestic violence leave (FDV)Paid FDV leave for all employees: 10 days per year (full-time + part-time + casual).
- CWLTHAvoid sham contracting (s 357 Fair Work Act)Employer must not misrepresent employment as contractor relationship.
- CWLTHSame job same pay (labour hire reform)Labour hire workers entitled to same minimum pay as direct employees on host site.
- CWLTHCasual employment definition + conversion (Closing Loopholes 2024)New casual employment definition + employee choice pathway from 26 August 2024.
- CWLTHLodge WGEA workplace gender equality reportPrivate-sector employers with 100+ staff must report annually; pay gaps are now publicly published.
Frequently asked questions
- Who must comply with casual employee conversion (Closing Loopholes — s 66B Fair Work Act)?
- All national-system employers using casual employees.
- What triggers casual employee conversion (Closing Loopholes — s 66B Fair Work Act)?
- Eligible casual employee notification.
- When is casual employee conversion (Closing Loopholes — s 66B Fair Work Act) due?
- Employer response within 21 days; conversion follows under s 66C.
- What is the maximum penalty for casual employee conversion (Closing Loopholes — s 66B Fair Work Act)?
- Civil penalty for breach of s 66B or victimisation up to $99,000 (individual) / $495,000 (corporation)
- What evidence is required for casual employee conversion (Closing Loopholes — s 66B Fair Work Act)?
- Decision file note, reasons for refusal if applicable, updated employment contract.
Source: https://fairwork.gov.au/employment-conditions/types-of-employees/casual-employees. Rules Mate is not a law firm. Always verify against the live regulator source before acting.