Section 47 — Fair Work Act 2009: Transitioning casual employees

(1) This clause applies in relation to an employee and an employer (other than a small business employer) if any or all of the following apply: (a) the employee was, immediately before commencement (and disregarding subclause 46(3)), a casual employee of the employer; (b) the employee was, immediately before commencement (and disregarding subclause 46(3)), designated as a casual employee by the employer for the purposes of: (i) any fair work instrument that applies to the employee; or (ii) the employee’s contract of employment; (c) the employee is a casual employee of the employer within the meaning of section 15A of the amended Act because of an offer of an employment made before commencement. Note: The effect of this application provision is to provide a requirement for an employer (other than a small business employer) to assess whether to offer conversion under Division 4A of Part 2-2 of the amended Act (as modified under this clause) to any employee who was, or may have been, a casual employee immediately before commencement, and to any employee who at commencement is a casual employee within the meaning of section 15A of the amended Act. (2) Division 4A (other than Subdivision C) of Part 2-2 of the amended Act is taken to apply in relation to the employee and employer for the period (the transition period) of 6 months after commencement only as if: (a) the employer was required under section 66B of the amended Act to assess, at a time during the transition period, whether the employer was required to make an offer to the employee under that section; and (b) paragraph 66B(1)(a) of the amended Act were a requirement for the employee to have been employed by the employer for a period of 12 months ending the day the assessment is made; and (c) paragraph 66B(2)(c) of the amended Act were a requirement to give the offer to the employee within 21 days after making the assessment; and (d) subsection 66C(3) of the amended Act included a requirement to give a notice under that subsection if, when the assessment is made, the employee does not meet the requirement in paragraph (b) of this clause; and (e) paragraph 66C(4)(c) of the amended Act were a requirement to give the notice within 21 days of making the assessment but no later than the end of the transition period. (3) Subdivision C of Part 2-2 of the amended Act does not apply in relation to the employee and employer for the transition period. (4) Division 4A (including Subdivision C) of Part 2-2 of the amended Act applies in relation to the employee and employer to whom paragraph (1)(a) or (b) applies after the transition period as if the employee were a casual employee of the employer within the meaning of section 15A of the amended Act. (5) An employer referred to in subclause (1) must give an employee referred to in that subclause a Casual Employment Information Statement as soon as practicable after the end of the transition period.