The Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Act 2021 is operative from 27 March 2021. The legislation amends the National Employment Standards (NES) in the Fair Work Act 2009 (FW Act) to make important changes to casual employment laws and arrangements in Australia.

The amendments:

  • Define a ‘casual employee’ for the purposes of the entitlements in the NES;
  • Protect employers from ‘double-dipping’ claims by casual employees and ex-employees who claim they are entitled to annual leave and other entitlements of permanent employment;
  • Require employers to give each casual employee a copy of a Casual Employment Information Statement; and
  • Give eligible casual employees the right to convert to permanent employment in certain circumstances.

The amendments require the Fair Work Commission (FWC), within a six-month period from commencement, to review the casual employment terms in all awards to ensure they operate consistently or effectively with the amendments.

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