Until 26 August 2024, the following requirements apply:

Within 21 days of a casual employee's first work anniversary, employers are required to either make a written offer of conversion to the casual employee; or advise the employee in writing that the employer is not making an offer of conversion and tell them why.

An offer of conversion needs to be made if:

• the employee has been employed by the employer for a period of 12 months ending on the day the assessment is made;

• during at least the last 6 months the employee has worked a regular pattern of hours which, without significant adjustment, the employee could continue to work as a full-time or part-time employee; and

• the employer does not have reasonable grounds not to make an offer.

This requirement does not apply to employers that are small businesses with fewer than 15 employees at a particular time.

Follow 26 August 2024, the following requirements apply:

Employers are no longer required to make an offer of casual conversion. Rather, the employee is entitled to notify their employer of their intention to convert to a permanent role where the employee

has been employed for at least 6 months, or 12 months if working for a small business with fewer than 15 employees.

Employees can’t notify their employer of their intention to change to permanent employment if they:

• are currently engaged in an ongoing dispute with their employer about casual conversion, or

• in the last 6 months:

The employer can refuse the change if any of the following apply:

• the employee still meets the definition of a casual

• there are fair and reasonable operational grounds for not accepting the notification, including:

• accepting the change means the employer isn’t complying with a recruitment or selection process required by law.

Use this letter if:

• You have previously sent the employee an offer to convert them from casual employment to part-time or full-time employment.

• You want to be compliant with the recent updates to the Fair Work Act 2009.

What does this letter cover?

• A letter confirming acceptance of the offer of part-time or full-time employment

• Commencement date

• The days and times the employee will be working in the new role

Further information:

• Letter of Offer of Employment

• Can an Offer of Employment be Withdrawn?