Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 66B

  (1)   Subject to section   66C, an employer must make an offer to a casual employee under this section if:

  (a)   the employee has been employed by the employer for a period of 12 months beginning the day the employment started; and

  (b)   during at least the last 6 months of that period, the employee has worked a regular pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to work as a full - time employee or a part - time employee (as the case may be).

Note:   An employee who meets the requirements of paragraphs   (a) and (b) would also be a regular casual employee because the employee has been employed by the employer on a regular and systematic basis.

  (2)   The offer must:

  (a)   be in writing; and

  (b)   be an offer for the employee to convert:

  (i)   for an employee that has worked the equivalent of full - time hours during the period referred to in paragraph   (1)(b)--to full - time employment; or

  (ii)   for an employee that has worked less than the equivalent of full - time hours during the period referred to in paragraph   (1)(b)--to part - time employment that is consistent with the regular pattern of hours worked during that period; and

  (c)   be given to the employee within the period of 21 days after the end of the 12 month period referred to in paragraph   (1)(a).

Note:   If an offer is accepted, the conversion to full - time employment or part - time employment has effect for all purposes (see section   66K ).

  (3)   For the purposes of paragraph   (2)(b), in determining whether an award/agreement free employee has worked the equivalent of full - time hours, regard may be had to the hours of work of any other full - time employees of the employer employed in the same position as (or in a position that is comparable to) the position of the employee.