What the New Casual Employment Laws Mean for Employers and Workers in Gippsland

Casual work is common in Gippsland, whether you're in agriculture, retail, or hospitality. Recent changes to the law offer more options and protections for casual workers. Here’s a straightforward guide to help you understand what’s new.

Key Changes Explained

1. Employee Choice Pathway

• What it means:
  If you’re a casual worker and feel you work too regularly, you now have the option to ask for a permanent job (either full-time or part-time).

2. Who Can Request a Change?

• General Rules:
  • Most workers: You can request a switch if you’ve been working for 6 months or more.
  • Small business workers: You need to have worked for 12 months.
• For Workers Who Started Before 26 August 2024:
  • The old rules still apply for now.
  • You can request a change from 26 February 2025 if you’re not with a small business.
  • If you’re in a small business, your request can start from 26 August 2025.

3. Benefits of Becoming Permanent

• Job Security:
  Permanent employees enjoy more stability.
• Extra Benefits:
  You’ll gain access to paid leave and other benefits that casual workers don’t usually receive.

How the Process Works

Step 1: Writing a Notice

• When to Write:
  If you feel your role has become regular and you no longer fit the casual criteria.
• Important Reminder:
  You cannot write a notice if you’re currently in a dispute with your employer or if you’ve had a request refused in the last 6 months.

Step 2: Employer's Response

• Consultation:
  Your employer must discuss your new role details with you—like what your hours might be and whether you’d be full-time or part-time.
• Timeline:
  They have 21 days to respond in writing.
• If the Request is Denied:
  Your employer must clearly explain why, such as if you still meet the casual definition or if changing your role would cause problems for the business.

Why It Matters in Gippsland

• For Workers:
  If you work regular hours, you now have the choice to become a permanent employee, giving you better security and benefits.
• For Employers:
  Clear rules help ensure workers are correctly classified and reduce legal risks.

In Summary

The new casual employment laws offer casual workers in Gippsland a path to more stable, permanent work while providing clear guidelines for employers. Whether you’re thinking about requesting a change or managing your team, these updates aim to create a fairer and more secure work environment.

For more detailed information, check out the Fair Work Ombudsman and Fair Work Commission websites.