Div 4ACasual employment

Division 4A—Casual employment Subdivision A—Application of Division 66A  Division applies to casual employees etc.  (1) This Division applies in relation to an employee who is a casual employee.  (2) A reference in this Division to full‑time employment or part‑time employment is taken not to include employment for a specified period of time, for a specified task or for the duration of a specified season. 66AAA  Object of this Division   The object of this Division is to establish a framework for dealing with changes to casual employment status that:  (a) is quick, flexible and informal; and  (b) addresses the needs of employers and employees; and  (c) provides for the resolution of disputes to support employee choice about employment status. Subdivision B—Employee choice about casual employment 66AAB  Employee notification   A casual employee may give an employer a written notification under this section if:  (a) having regard to subsections 15A(1) to (4) and the employee’s current employment relationship with the employer, the employee believes that the employee no longer meets the requirements of those subsections; and  (b) the employee does not have a dispute with the employer relating to the operation of Division 4A of Part 2‑2 being dealt with under section 66M (including by way of arbitration under section 66MA) or under section 739; and  (c) if the employer:  (i) is a small business employer at the time the notification is given—the employee has been employed by the employer for a period of at least 12 months beginning the day the employment started; or  (ii) is not a small business employer at the time the notification is given—the employee has been employed by the employer for a period of at least 6 months beginning the day the employment started; and  (d) in the period of 6 months before the day the notification is given, the employee has not:  (i) received a response from the employer under section 66AAC not accepting a previous notification made under this section; or  (v) had a dispute with the employer relating to the operation of Division 4A of Part 2‑2 resolved under section 66M (including by way of arbitration under section 66MA) or under section 739. Note: This section does not prevent an employee changing to full‑time employment or part‑time employment other than under this Division (see paragraphs 15A(5)(c) and (d)). 66AAC  Employer response Timing of response  (1) An employer must give an employee a written response to a notification given under section 66AAB within 21 days after the notification is given to the employer. Information that must be included in response  (2) The response must be in writing and include the following:  (a) a statement that the employer:  (i) accepts the notification; or  (ii) does not accept the notification on one or more grounds referred to in subsection (4); and  (b) if the employer accepts the notification—the following information:  (i) whether the employee is changing to full‑time employment or part‑time employment;  (ii) the employee’s hours of work after the change takes effect;  (iii) the day the employee’s change to full‑time employment or part‑time employment takes effect;  (c) if the employer does not accept the notification—reasons for the employer’s decision. Consulting with employee  (3) Before giving a response under subsection (1), the employer must consult with the employee about the notification and must, if the employer is accepting the notification, discuss the matters the employer intends to specify for the purposes of subparagraphs (2)(b)(i) to (iii). Grounds for employer to not accept notification  (4) For the purposes of subparagraph (2)(a)(ii), the employer may not accept the notification on any of the following grounds:  (a) having regard to subsections 15A(1) to (4) and the employee’s current employment relationship with the employer, the employee still meets the requirements of those subsections;  (b) there are fair and reasonable operational grounds for not accepting the notification;  (c) accepting the notification would result in the employer not complying with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory. Note 2: In relation to paragraph (4)(c), see (for example) the APS Employment Principle at paragraph 10A(1)(c) of the Public Service Act 1999 (which deals with decisions based on merit) and any directions made under subsection 11A(2) of that Act in relation to that principle.  (5) For the purposes of paragraph (4)(b), fair and reasonable operational grounds for not accepting the notification include the following:  (a) substantial changes would be required to the way in which work in the employer’s enterprise is organised;  (b) there would be significant impacts on the operation of the employer’s enterprise;  (c) substantial changes to the employee’s terms and conditions would be reasonably necessary to ensure the employer does not contravene a term of a fair work instrument that would apply to the employee as a full‑time employee or part‑time employee (as the case may be). Note: For the purposes of paragraphs (5)(a) and (c), substantial changes include changes that significantly affect the way an employee would need to work. 66AAD  Effect of employer acceptance of employee notification  (1) If an employer responds under section 66AAC that the employer accepts an employee’s notification given under section 66AAB, the employee is taken to be a full‑time employee or part‑time employee (as the case may be) beginning on the day specified in the response.  (2) The day specified in the response for the purposes of subsection (1) must be the first day of the employee’s first full pay period that starts after the day the employer response is given, unless the employer and employee agree to another day. Subdivision D—Other provisions