NOTE: To complete this document, please ensure that you attach the proposed employment agreement to this letter for the employee to review.

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.

The way the new conversion provisions apply is as follows:

• For casuals employed before 26 August 2024, the previous conversion requirements continue to apply for 6 months, or 12 months if employed by a small business employer. Following that point, the new requirements apply.
• For casuals employed on or after 26 August 2024, the new requirements apply.

Following 26 August 2024, the new 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.

What does this letter Cover?

• An offer of employment converting an employee from casual employment to part time or full time employment.

Further Information:

• What is the Difference Between Casual vs Full-time Employment?

• Casual Versus Part Time Employees: 5 Key Differences