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Casual Employment Information Statement

Version 1.0 Updated 7 Dec 2023
Recruitment

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Who can use this document?

This information statement should only be used by National System employers.

It is supplied by the Fair Work Ombudsman and updated periodically.

Commentary

Employers are required to provide the Casual Employment Information Statement to all new employees before or as soon as practicable after they commence employment.

Employers also have to give every new casual employee a copy of the Fair Work Information Statement (FWIS) at the same time.

Note: employers are not required to give the Statement to employees who are terminated and re-employed within 12 months.

The Statement covers the following topics:  

  • the definition of a casual employee
  • when an employer has to offer casual conversion
  • when an employer doesn’t have to offer casual conversion
  • when a casual employee can request casual conversion
  • casual conversion entitlements of casual employees employed by small business employers
  • the role of the Fair Work Commission to deal with disputes about casual conversion.

 

 Giving the Statement to an employee

 Employers can give the Statement to an employee by any of the following means:

  • giving it personally to the employee
  • sending it by pre-paid post to the employee’s residential address or a postal address nominated by the employee
  • sending it to the employee’s email address at work or another email address nominated by the employee
  • an electronic link to the page on the Fair Work Ombudsman’s website where the Statement is located, or an electronic link that takes the employee directly to a copy of the Statement on the employer’s intranet
  • faxing it to the employee’s fax number at work, fax number at home, or another fax number nominated by the employee
  • another method (an employer will need to ensure this meets the requirement to give the Statement to the employee, e.g. by courier where there is a signed acceptance by the employee of receipt of the Statement).

 

If the employer employs the same employee more than once in any 12 months and gave the Statement to the employee commencing employment the first time, there is no requirement to give the Statement more than once in any 12 months.

Failure to provide the Statement

There are significant penalties for employers who fail to give the Statement to a new employee before, or as soon as possible after they start employment.

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