Since 27 September 2021, the National Employment Standard (NES) introduced ‘casual conversion’ which has provided casual employees with a pathway to becoming permanent employee. However, employer obligations differ for businesses that employe 14 or fewer employees.
Small business employers
A small business employer, that employs 14 or fewer employees has no obligation to offer casual conversion, but a casual employee employed by a small business can request to convert to permanent employment which is called a residual right to request conversion.
A business other than a small business
A business that has 15 or more employees has an obligation under the NES to offer eligible casual employees conversion to permanent after their 12-month anniversary, unless there are reasonable grounds for not offering conversion.
For more information contact Rosenfeld Kant on 02 9375 1200 or visit the Fair Work Ombudman’s website for eligibility criteria and the process details.