As of 26 August 2024, Australian employers must provide casual workers with a new notice called the Casual Employment Information Statement (CEIS). Learn what the CEIS is, when to give it to your employees, and best practices for compliance.
From 26 August 2024, the laws for casual employees in Australia will undergo extensive changes, including requiring employers to provide workers with a Casual Employment Information Statement (CEIS).
Failure to comply with this new rule can result in hefty penalties, so it’s essential that you understand your obligations as an employer.
Read on to learn more about the CEIS, including when to give it to employees and some practical tips for managing your CEIS obligations.
Key Takeaways
- The Casual Employment Information Statement (CEIS) is a notice for casual employees that sets out their conditions of employment, including how they can change from casual to permanent.
- Employers must give all casual employees a copy of the CEIS when they start work and, depending on the employer’s size, at various times during their employment.
- Failure to comply with this can lead to action by the Fair Work Ombudsman, including financial penalties and civil litigation.
- Use an app like Connecteam to help manage your CEIS compliance. You can set automatic reminders to send notices, track outstanding notices, and store copies of CEIS-related correspondence.
What is the Casual Employment Information Statement?
The Casual Employment Information Statement (CEIS) is a 3-page document for casual employees explaining their rights and conditions of employment.
It contains information including:
- The definition of a casual employee as of 26 August 2024.
- When employers must give employees a CEIS.
- The “employee choice pathway”—i.e., how casual workers can change to permanent employment.
- Dispute resolution processes with the Fair Work Ombudsman and Fair Work Commission.
The requirement to provide employees with a CEIS is part of a suite of changes to the laws around casual workers in Australia under the Fair Work Act 2009.
🧠 Did You Know?
While there is some overlap, the Fair Work Ombudsman and Fair Work Commission have separate functions. The Ombudsman regulates national workplace relations, including compliance with the Fair Work Act. The role of the Fair Work Commission is Australia’s national workplace relations tribunal, which makes awards, sets minimum wages and hears various labour disputes.
What is the employee choice pathway?
The employee choice pathway is a new way for workers to change from casual to permanent employment (casual conversion). Available from 26 August 2024, this option allows workers who meet specific criteria to give their employer written notice that they’re converting their employment.
Eligibility criteria include having worked for the employer for at least 6 months or 12 months of employment for small business employers (businesses with less than 15 employees).
Which employees need to receive a CEIS?
The CEIS is only for employees employed on a casual basis.
As of 26 August 2024, the definition of a casual employee is someone who meets both of the following criteria:
- Doesn’t have a guarantee of continuing and indefinite work.*
- Receives a casual pay rate based on their employment contract, industry award, or registered agreements (an agreement between employers and employees or a union setting out their employment conditions).
*To determine whether an employee has a guarantee of continuing and indefinite work, the true nature of the relationship matters, rather than just what it says in their employment agreement. Factors that could suggest a guarantee of continuing and indefinite work include:
- The employer’s inability to offer or not offer work and the employee’s inability to accept or turn down work.
- Part or full-time employees are performing similar work as the employee.
- The employee has a regular work schedule.
When do you give employees a CEIS?
There are several timeframes for providing casual employees with a CEIS.
All businesses must give new casual employees a copy before they start work or as soon as possible after this.
Small business owners must give another copy to casual employees after they’ve worked for 12 months.
Businesses with 15 or more employees have to provide the CEIS again to casual employees:
- After they’ve worked there for 6 months.
- After they’ve worked there for 12 months.
- Every 12 months of employment after that.
How can you give employees a CEIS?
You can give the CEIS to casual employees in several ways, including:
- In person.
- Email (either as an attachment or by linking to the Fair Work Ombudsman website or a copy of the CEIS on your intranet).
- By mail.
- By fax.
What happens if you fail to give employees a CEIS?
If you don’t give employees a CEIS as required, you could face a range of penalties from the Fair Work Ombudsman, including:
- A compliance notice asking you to fix the issue.
- An infringement notice, fining you $1,980 or your company $9,900.
- An enforceable undertaking with the Fair Work Ombudsman, where you agree to fix the issue and prevent it from happening again.
- Civil litigation and subsequent penalties.
However, the consequences can be more than financial. The CEIS contains essential information about casual workers’ rights. Failing to provide it to employees when required can undermine transparency and employee trust.
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What other documents do employers need to give casual employees?
In addition to the CEIS, you must provide casual workers with a Fair Work Information Statement. This document further details their conditions of employment, including pay, leave entitlements, and workplace protection.
If a casual is employed for a fixed period—for example, as a Christmas casual—you must also give them a Fixed Term Contract Information Sheet. This outlines the rules around fixed-term employment and dispute resolution processes.
Tips for complying with your CEIS obligations
Below are some practical tips for managers and HR staff to comply with CEIS requirements.
Create a checklist of documents for casual workers
Design a short checklist of what to give your new casual hires. It should include the CEIS, Fair Work Statement, and Fixed Term Contract Information Sheet.
This approach ensures you don’t forget to provide new employees with the documents required by law during onboarding.
Create a template to send the CEIS to casual employees
Create a workflow for sending the CEIS to your casual workers. For example, build simple email templates for sending casual workers a link to the CEIS at the start of their employment and set periods.
Also, keep a record of any CEIS-related correspondence you send to workers as proof of compliance.
Set reminders
As part of your workflow, create automatic reminders to send the CEIS to employees. These reminders should be sent at the start of their employment, 6-12 months after that, and annually thereafter, as required.
🧠 Did You Know?
Connecteam is the ideal compliance management tool. You can set up automatic notifications to send the CEIS to each employee, store checklists and forms, and track which employees have received the notice. Plus, you’re able to save a copy of the most up-to-date CEIS for employees to access easily via their mobile devices.
Make sure you’re using the most up-to-date version of the CEIS
The government could update the CEIS in the future. To make sure you’re always using the most current version, it may be better to link to the Fair Work Ombudsman’s CEIS webpage rather than saving a copy on your intranet or making hard copies.
Stay on top of any future developments
There have been extensive changes to the laws around casual employment in Australia recently, so it’s a good idea to keep track of any future updates in this space. As always, you should seek advice from an employment lawyer to understand your obligations as an employer of casual workers.
Simplify your CEIS compliance with Connecteam
Australian employers are now required to give casual workers a copy of the CEIS at the start of their employment and at various other times. It’s essential to comply with this requirement. Otherwise, you risk facing penalties or civil litigation.
With a platform like Connecteam, you can help ensure compliance with your obligations and never miss sending a CEIS to an employee.
Get started with Connecteam for free today.
Disclaimer
The information on this website about the Casual Employment Information Statement is intended to be a summary for informational purposes only. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up-to-date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified lawyer to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.