As part of the four yearly Modern Award Review, the Fair Work Commission recently handed down a determination to insert a casual conversion clause into all modern awards (except the Meat Industry Award 2010 and other Awards which already contain the right to convert), effective as of 1 October 2018.
Key provisions -
A regular casual employee is a casual employee who has over a calendar period of at least 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award.
Right to Request:
If the regular casual employee has met the eligibility they must request in writing to convert from casual to permanent employment.
Considering the Request:
Whether or not you approve or refuse the request, you must document your decision in writing within 21 days of receiving the request from the employee. An employer can only refuse the request on reasonable grounds after consultation with the employee.
Reasonable grounds is defined as:
- The employee is not a regular casual employee as defined,
- The position will cease to exist within 12 months of the request,
- The hours for that employee will be significantly reduced in the next 12 months,
- The employee’s permanent hours availability cannot be accommodated by the business.
If the request is approved, you must follow the relevant process of documenting the agreed hours in your award.
Employer’s additional obligation:
All casual employees (even if not a regular casual) must be provided a copy of the casual conversion clause within the first 12 months of employment. For casual employees already engaged before 1 October 2018, a copy must be provided to casual employees by 1 January 2019.
To view the full wording of the casual conversion clause click here or look in your relevant award.
If you have any questions do not hesitate to contact ER Strategies on 1300 55 66 37 for more information.
AN ADDITIONAL IDEA...
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