Changes to Casual Employment Laws
Syvannah Harper
Do you have casual employees?
Are you ready for 27th September 2021?
In March 2021, changes to the Fair Work Act 2009 (Cth) (FW Act) came into effect which significantly altered the definition and entitlements for casual employees.
These changes were brought about from the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (the Bill) and include:
- adding a definition of a casual employee
- providing a mechanism for casual conversion to allow casual employees to become permanent employees
- placing an obligation on employers to provide a Casual Employment Information Statement (CEIS) to new and existing casual employees
- a statutory set-off provision which allows the Court to reduce amounts payable for statutory leave and entitlements by the casual loading
Employers, other than Small Business Employers as defined under the FW Act, who employ casual employees employed before 27 March 2021 are required to comply with the casual conversion provisions and assess all casual employees for conversion by 27 September 2021.
What employers must do to comply?
The FW Act requires an employer to make an offer of permanent employment where they meet the eligibility criteria. The eligibility criteria include:
- Has the employee been employed by the employer for a period of 12 months or more?
- Has the employee worked a regular pattern of hours on an ongoing basis during the last 6 months of employment?
- Could the employee continue working these hours without significant adjustment?
Before 27 September 2021, employers must identify all existing casual employees employed before 27 March 2021 and assess whether they are eligible to be offered to convert to permanent employment. When assessing if an employee is eligible, employers must take into account:
- the eligibility criteria; and
- any reasonable grounds that prevent an employer from making an offer of conversion.
Reasonable grounds must be based on facts that are known or reasonably foreseeable at the time of deciding not to make the offer. Employers then need to provide a written notice to each employee notifying them if they are eligible or not for casual conversion.
Where an employer does not make an offer of casual conversion, they are required to provide the reasons explaining why they won’t be making an offer.
If an employee accepts an offer to convert, employees need to respond to the offer within 21 days. If an employee fails to respond in this timeframe, the employer can assume the employee has declined the offer. Employers must also issue a copy of the CEIS to all remaining employees. A copy of this can be found on the Fair Work Ombudsman’s website.
Employee requests for casual conversion
An eligible employee employed after 27 March 2021 can request an employer, other than a Small Business Employer, to covert to permanent employment from 21 days after their 12 month work anniversary. Existing eligible employees, except those employed by a Small Business Employer, who were employed before 27 March 2021, can make a request for casual conversion from 28 September 2021.
If you are a Small Business Employer, an eligible employee employed after 21 March 2021 can make a request to convert to permanent employment any time on and from their 12 month work anniversary. Eligible existing employees employed by a Small Business Employer can make a request for casual conversion any time.
An employee is unable to make a request for permanent employment if, in the last 6 months:
- the employee has refused an offer of permanent employment by the employer
- the employer has advised the employee that they would not be making an offer of permanent employment and advised them of the reasonable grounds for doing so
- the employer has refused a request for casual conversion on reasonable grounds
Employees may be able to make a request within 6 months after the employer has advised they will not be making an offer on reasonable grounds because the employee hadn’t worked a regular pattern of work for 6 months. This is only applicable where the employee hadn’t worked a regular pattern of work for 6 months or more before the earlier request, but at the time of the new request they have.
The request must be in writing and be for:
- full-time employment, if the employee’s hours worked for the last 6 months or more have been equivalent to full-time hours
- part-time employment, if the employee has worked a regular pattern of hours within the last 6 months or more, if the employee has worked the hours for the last 6 months or more and were less than full-time hours.
The employer must have reasonable grounds to refuse a request and provide those reasons to the employer in its response to the request. The employer cannot refuse a request unless they have discussed the reasonable grounds to refuse the request with the employee directly.
After a request has been accepted
If an employer receives a request from an employee, the employer must respond to the request in writing within 21 days from the request. The response should include if the employer has accepted or rejected the request. Before the employee can convert to permanent employment the employer and employee must discuss the following:
- Whether the employee will be employed on a full-time or part-time basis
- The hours of work the employee will performing as a permanent employee
- The start date of the employee
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Unfortunately, it is often the case that instalment contracts are inadvertently entered into, and the statutory protections are enlivened without the knowledge or intent of either the buyer or seller. To avoid creating an instalment contract, particular care must be taken with: ensuring a deposit and any associated payments do not exceed the prescribed percentage of 10% (20% for off-the-plan purchases) of the purchase price; any agreements for additional payments under a contract prior to settlement, such as license fees or early possession payments, are separate from the contract; accepting non-refundable payments from a buyer when agreeing to extensions to critical dates in the contract that do not entitle the buyer to receive conveyance of the property. Before entering into any contract for the sale or purchase of residential property, we recommend seeking legal advice to ensure that you are not unknowingly entering into an instalment contract. Instalment contracts can present both opportunities and challenges in property transactions. This article aims to clarify those key points for you. At CJM Lawyers, we pride ourselves on offering clear, personalised advice to ensure your property dealings are smooth and secure. Our trusted property team can assist and guide you through contract reviews, negotiating terms, identifying any potential risks and protecting your interests. Speak to a member of our team today to help safeguard your investment. Disclaimer: This article provides general information only and does not constitute legal advice. It is essential to seek specific professional legal advice tailored to your individual circumstances.
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In essence, it's a contract where the buyer makes payments to the seller, which do not form part of the deposit over time before the property formally changes hands at settlement. The 10% Threshold and Beyond: A Critical Trigger The term "deposit" itself has a specific meaning within the Property Law Act. The Act provides that a deposit cannot exceed 10% of the purchase price (or 20% for off-the-plan sales). Where the deposit exceeds the prescribed percentage of the purchase price, the contract will be deemed to be an instalment contract, regardless of the intentions of the parties. A contract may also fall within the meaning of an instalment contract in the following circumstances: Additional Pre-Settlement Payments: Payments such as license fees, early possession fees, or any other amounts paid by the buyer to the seller before settlement, and separate from the deposit, can inadvertently trigger an instalment contract. Even a seemingly small, non-deposit payment can convert a standard contract into an instalment contract. Non-Refundable Deposits: While less common in standard contracts, if a deposit is structured to be non-refundable, particularly if released to the seller, it can be re-characterised as an instalment, thereby triggering the Act's provisions. The Unexpected Consequences: Why Sellers Must Beware For sellers, the inadvertent creation of an instalment contract introduces a suite of statutory protections for the buyer. It is important to be aware of these protections as they restrict how a seller may deal with a buyer’s default of the contract. These protections include: Restricted Termination Rights (Section 72 PLA): Unlike standard contracts, a seller cannot immediately terminate for a buyer's default under an instalment contract. The seller must provide the buyer with at least 30 days' written notice to remedy the breach before the seller may exercise a right of termination. The inability to immediately terminate an instalment contract will often have lasting delays from a seller who may be unable to enter into a subsequent contract, even where it is abundantly clear the buyer will be unable to complete the contract. Buyer's Right to Lodge a Caveat (Section 74 PLA): Under an instalment contract, the buyer gains an express statutory right to lodge a non-lapsing caveat over the property. This caveat prevents the registration of any other instrument affecting the title of the property until it is removed, potentially complicating any dealings with the land. Buyer's Right to Demand Conveyance (Section 75 PLA): Perhaps most impactful, if the buyer has paid one-third or more of the purchase price (and is not in default), the buyer can demand by written notice that the seller transfer the legal title to them immediately. It is however, a condition of the transfer that the seller be permitted to execute a mortgage over the property in favour of the seller for the remaining balance of the purchase price. This transforms the seller into a mortgagee and imputes the seller with all the associated risks and responsibilities as mortgagee of the property. Deposit of Title Deeds (Section 76 PLA): A purchaser can also require the vendor to deposit a duly executed transfer document with a prescribed authority (such as a solicitor) to be held in trust until the time for performance of the contract arrives, the contract is discharged by performance or otherwise, or upon an order of the court. Protecting Your Position The statutory protections imposed for the benefit of a buyer under an instalment contract can be significant for sellers, and may impact a seller’s financial liquidity, control over their property, and ability to enter into subsequent contracts following a buyer’s default. Unfortunately, it is often the case that instalment contracts are inadvertently entered into, and the statutory protections are enlivened without the knowledge or intent of either the buyer or seller. To avoid creating an instalment contract, particular care must be taken with: ensuring a deposit and any associated payments do not exceed the prescribed percentage of 10% (20% for off-the-plan purchases) of the purchase price; any agreements for additional payments under a contract prior to settlement, such as license fees or early possession payments, are separate from the contract; accepting non-refundable payments from a buyer when agreeing to extensions to critical dates in the contract that do not entitle the buyer to receive conveyance of the property. Before entering into any contract for the sale or purchase of residential property, we recommend seeking legal advice to ensure that you are not unknowingly entering into an instalment contract. Instalment contracts can present both opportunities and challenges in property transactions. This article aims to clarify those key points for you. At CJM Lawyers, we pride ourselves on offering clear, personalised advice to ensure your property dealings are smooth and secure. Our trusted property team can assist and guide you through contract reviews, negotiating terms, identifying any potential risks and protecting your interests. Speak to a member of our team today to help safeguard your investment. Disclaimer: This article provides general information only and does not constitute legal advice. It is essential to seek specific professional legal advice tailored to your individual circumstances.
By Amanda Dowers
•
5 August 2025
Recovering unpaid debts is a critical concern for businesses and individuals alike. While some may attempt to recover debts independently, engaging a lawyer offers significant advantages that can enhance the likelihood of successful recovery and protect the creditor’s interests throughout the process. 1. Legal Experience and Strategic Guidance Lawyers possess a comprehensive understanding of debt recovery laws, including relevant statutes, regulations, and procedural requirements. They can assess the merits of a claim, advise on the most effective recovery strategies, and ensure compliance with all legal obligations, thereby reducing the risk of procedural errors that could jeopardize the claim. 2. Professional Communication and Negotiation A lawyer’s involvement often signals to the debtor the seriousness of the creditor’s intent to recover the debt. Lawyers are skilled negotiators who can engage with debtors professionally, increasing the likelihood of reaching a settlement without the need for litigation. Their ability to draft and send formal demand letters can prompt payment or constructive dialogue. 3. Efficient Litigation and Enforcement Should negotiation fail, lawyers are equipped to initiate legal proceedings efficiently. They can prepare and file court documents, represent the creditor in hearings, and pursue enforcement actions such as garnishments, charging orders, or asset seizures. Their familiarity with court processes ensures that the matter progresses without unnecessary delay. 4. Risk Mitigation and Compliance Debt recovery efforts must comply with laws and regulations. Lawyers can ensure that all actions taken are lawful, thereby minimizing the risk of counterclaims or regulatory penalties. 5. Maximizing Recovery and Cost Efficiency By leveraging legal tools such as statutory interest, costs recovery, and security interests, lawyers can maximize the amount recovered. Their ability to assess the debtor’s financial position and identify available assets further enhances the prospects of successful recovery. Conclusion Engaging a lawyer in the debt recovery process provides creditors with legal experience, strategic advantage, and procedural efficiency. This professional support not only increases the likelihood of recovering unpaid debts but also ensures that the creditor’s rights are protected throughout the process. Recovering unpaid debts can be stressful and complicated. After reading this article, know that CJM Lawyers is here to help you navigate the process with confidence. We tailor our approach based on your unique situation through practical and reliable support to help you recover what you’re owed. This can be done through negotiation, mediation, and/or legal action. Our team works closely with you to protect your rights and achieve the best possible result.
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