Casual employment and the Fair Work Act 2009
The Fair Work Act Amendment (Closing Loopholes No.2) Act 2024 (Closing Loopholes) amends the Fair Work Act 2009 (FW Act) to change employment laws relevant to national system employers, including the Australian Public Service (APS).
From 26 August 2024, the FW Act will include a new definition of ‘casual employee’ and a new pathway for casual employees to convert to permanent employment. In the APS context, these changes apply to irregular or intermittent employees. Irregular or intermittent employees who have worked for at least six months in an APS agency may notify their agency if they believe they no longer meet the definition of casual employee (referred to as an ‘employee choice notification’).
Transitional arrangements in the FW Act provide that the existing casual conversion rights and obligations continue to apply for 6 months from commencement for employment relationships entered into before 26 August 2024. Following the transition period, the previous obligations for employers to proactively offer casual conversion will no longer apply.
The guidance document has been developed to support APS agencies understand their obligations in relation to casual employees and the operation of the new employee choice notification provisions in the FW Act, and should be read in conjunction with the Australian Public Service Commissioner’s Amendment (2024 Measures No.1) Directions 2024 and its Explanatory Statement. The guide aims to support agencies to understand and apply the changes to their agency’s policies and procedures.
Download available
The guidance document is available to download and is current at the time of publication.
Please note this information provides general guidance and is not legal advice. Agencies seeking further advice on specific employment circumstances should consider obtaining legal advice.
Further information
HR practitioners seeking more information on changes to non-ongoing engagements can contact the Employment Policy team via employmentpolicy@apsc.gov.au or call the advice line on (02) 6202 3857.