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Australia – Employers face fine after 27 September casual worker deadline (Yahoo Finance Australia)

21 September 2021

Australian employers have just under a week to formally offer long-term casual workers a chance to become permanent workers, or risk facing financial penalties reports Yahoo Finance citing Australia’s Fair Work Ombudsman. By 27 September 2021, employers (other than small businesses) need to assess whether their existing casuals, who have worked at least 12 months and were hired before 27 March, are eligible to be offered permanent employment. The employer needs to make a written offer to convert their casual employee to permanent employment (this must be done within 21 days after making the assessment) or write to their employee explaining why they won’t be making an offer (this needs to be done within 21 days of making the assessment but by no later than 27 September 2021). Laws around ‘casual conversion’ came into effect in late-March after the controversial Omnibus Bill passed Parliament, albeit in a significantly reduced form.

If employers do not assess casuals for conversion they will face penalties, the Fair Work Ombudsman confirmed with Yahoo Finance. "Penalties in excess of $13,000 (for an individual) or $66,000 (for a company) can apply for a contravention of the National Employment Standards (NES), including the new casual conversion provisions," a Fair Work Ombudsman spokesperson told Yahoo Finance. A Fair Work inspector might issue employers a compliance notice to fix any breaches of the NES. And contravention of Australian workplace laws could see employers taken to court, according to the FWO.