Document ID: chunk:federal_register_of_legislation:C2021A00025:clause:1_66b
Version: federal_register_of_legislation:C2021A00025
Segment Type: clause
Provision Reference: sch 1 cl 66B
Character Range: 8174–9983

66B  Employer offers
 (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.