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Letter Informing that Employer Will Not Offer Casual Conversion

A Letter Notifying Casual Employee that Employer Will Not Make an Offer of Conversion informs an employee who has been employed for a period of 12 months that they will not be converted to a part-time or full-time employee.

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Document Overview

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:

  • 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.

  • You want to notify a casual employee that they will not be converted into a permanent position.

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

What does this letter cover?

  • A letter notifying the employee that they will not be converted into a permanent role

  • The reason for not converting the employee into a permanent position

Further information:




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