See Fair Work Act 2009, clause 45 in Part 10 of Schedule 1
On 27 March 2021, the Fair Work Act was amended by the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021. The amendments included inserting a definition of casual employee in the Fair Work Act and amending the National Employment Standards to provide rights for employees to be offered or request conversion from casual to full-time or part-time employment.
Upon application by an employer, employee or employee organisation covered by the agreement, the Fair Work Commission may vary an enterprise agreement that was made before 27 March 2021 to:
- resolve an uncertainty or difficulty concerning the agreement and the definition of casual employee in s.15A of the Fair Work Act (including the circumstances in which employees are to be employed as casual employees under the agreement)
- resolve an uncertainty or difficulty concerning the agreement and the casual conversion provisions in Division 4A of Part 2-2 of the Fair Work Act
- make the agreement operate more effectively with s.15A or Division 4A of Part 2-2 of the Fair Work Act.
If the Commission varies the enterprise agreement, the variation can operate retrospectively.
Link to form
- Form F23C – Application for the Commission to vary an enterprise agreement to resolve an uncertainty or difficulty about the definition of casual employee or casual conversion rights
All forms are available on the Forms page of the Commission's website.