Document ID: chunk:federal_register_of_legislation:C2021A00025:clause:1_66c
Version: federal_register_of_legislation:C2021A00025
Segment Type: clause
Provision Reference: sch 1 cl 66C
Character Range: 9983–12156

66C  When employer offers not required
 (1) Despite section 66B, an employer is not required to make an offer under that section to a casual employee if:
 (a) there are reasonable grounds not to make the offer; and
 (b) the reasonable grounds are based on facts that are known, or reasonably foreseeable, at the time of deciding not to make the offer.
 (2) Without limiting paragraph (1)(a), reasonable grounds for deciding not to make an offer include the following:
 (a) the employee's position will cease to exist in the period of 12 months after the time of deciding not to make the offer;
 (b) the hours of work which the employee is required to perform will be significantly reduced in that period;
 (c) there will be a significant change in either or both of the following in that period:
 (i) the days on which the employee's hours of work are required to be performed;
 (ii) the times at which the employee's hours of work are required to be performed;
  which cannot be accommodated within the days or times the employee is available to work during that period;
 (d) making the offer would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory.
 (3) An employer must give written notice to a casual employee in accordance with subsection (4) if:
 (a) the employer decides under subsection (1) not to make an offer to the employee; or
 (b) the employee has been employed by the employer for the 12 month period referred to in paragraph 66B(1)(a) but does not meet the requirement referred to in paragraph 66B(1)(b).
Note: If an employer fails to give notice to a casual employee, the employee has a residual right to request conversion to full‑time or part‑time employment in certain circumstances: see Subdivision C.
 (4) The notice must:
 (a) advise the employee that the employer is not making an offer under section 66B; and
 (b) include details of the reasons for not making the offer (including any grounds on which the employer has decided to not make the offer); and
 (c) be given to the employee within 21 days after the end of the 12 month period referred to in paragraph 66B(1)(a).