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.

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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 $93,900 (individual) / $469,500 (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

workplacecasualclosing-loopholes

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.