The Fair Work Legislation Amendment (Closing Loopholes No.2) Act 2024 (Cth) introduced significant changes to the Fair Work Act 2009 (Cth) in respect of the definition of casual employment, the conversion pathway from casual to permanent employment, and the process for resolving disputes about changes to casual employment. These changes to the Act commenced on 26 August 2024. An Ai Group summary of these changes can be found here.

The Fair Work Commission has decided to vary casual employment terms in modern awards in order to deal with the interaction of such terms with the changes to the relevant casual employment provisions in the Act. The changes primarily amend or introduce references to the new casual employment provisions in the Act.

The changes are not intended to be substantive in nature. Importantly though, they are intended to clarify that the concept of a casual employee under awards will capture ‘continuing casual employees’ engaged before the commencement of the new statutory definition of who is a casual employee that commenced on 26 August, as well as casual employees engaged after this date and in accordance with this new definition.

The Commission has published determinations setting out the variations to each modern award; which can be found here. The variations commenced operation on 27 August 2024.