Employers – Ensure Compliance with Casual Conversion Obligations by 26 February 2025

  • Aged Care Providers
  • Child Safety Providers
  • NDIS Providers
  • Provider Alert
Date of Change:
26 August 2024
Takes Effect:
26 February 2025

What’s Happened? 

As part of the recent amendments to the Fair Work Act 2009, employers (excluding small business employers) are required to assess and offer eligible casual employees the option to convert to permanent (full-time or part-time) employment. This obligation applies to casual employees who: 

  • were employed before 26 August 2024 
  • have been employed for at least 12 months 
  • have worked a regular pattern of hours on an ongoing basis for at least the last 6 months. 
  • could continue working these hours as a permanent employee without significant changes. 

        Employers must make a written offer to convert these employees to permanent status within 21 days after the employee’s 12-month anniversary. This transitional provision is in effect until 26 February 2025 

        Why is this Important? 

        Compliance with these casual conversion requirements is crucial for employers to meet their legal obligations under the Fair Work Act 2009. Failure to provide eligible casual employees with the option to convert to permanent employment may result in legal consequences and affect workplace relations. Providers should review their casual workforce to identify eligible employees and ensure that written offers for conversion are provided within the specified timeframe. 

        For detailed guidance on the casual conversion process and employer obligations, you can refer to our earlier Closing Loopholes update. 

        Sources