Australia: New measures concerning casual employment; action steps for employers

Australia: New measures concerning casual employment

New measures in Australia amend existing employment legislation with regard to “casual employment.”

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The legislative measures include:

  • A statutory definition of casual employee
  • Rights for converting from casual employment to permanent employment
  • Rules prohibiting “double-dipping” for permanent entitlements


Actions steps for employers

Employers need to consider reviewing their existing contractual terms with casual employees, to determine whether they meet the statutory criteria of casual employment—in particular, given that the legislative changes contemplate that whether an employee meets the statutory definition of a casual employee will only be determined on the contractual terms.

Separately, employers also need to begin assessing their casual workforce to determine which casual employees must be given offers to convert to permanent employment during a six-month transition period that ends 27 September 2021.

Employers also must provide all new casual employees with a “Casual Employment Information Statement” as soon as practicable after the 27 March 2021 effective date. Existing casual employees (other than of small business employers) must be provided with the Casual Employment Information Statement as soon as practicable after 27 September 2021.

Read an April 2021 report prepared by the KPMG member firm in Australia

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