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 the casual conversion provisions or victimisation up to $21,840 (individual), $109,200 (small business body corporate) or $546,000 (body corporate with 15+ employees) per contravention
Who must comply with this? The applicability test by industry, business structure and size.
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
- CWLTHEmployee-like worker minimum standards (Closing Loopholes No. 2 2024)FWC can set minimum standards for 'employee-like' workers (gig economy).
- 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.
- CWLTHProvide 10 days paid family + domestic violence leave (FDV)Paid FDV leave for all employees: 10 days per year (full-time + part-time + casual).
- 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 the casual conversion provisions or victimisation up to $21,840 (individual), $109,200 (small business body corporate) or $546,000 (body corporate with 15+ employees) per contravention
- 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://www.fairwork.gov.au/employment-conditions. Rules Mate is not a law firm. Always verify against the live regulator source before acting.