Request to casual conversion – Existing employees
In September 2018 the Fair Work Commission handed down a determination in all Awards inserting a provision allowing casuals the right to seek conversion from casual to full time or part time.
This variation commenced on 1 October 2018. Now it has been more than 12 months since the determination took effect, ER Strategies reminds clients to now review their casual engagements.
ER Strategies urges all employers to check their casual engagements to see if there may be eligible casuals that should be converted to full time or part time.
Eligible casual employees have:
- been employed for at least 12 months (6 months in some awards);
- been engaged on a regular pattern of hours on an ongoing basis; and
- the pattern is identical or similar to a full time or part time employee and, without significant adjustment, the employee could be engaged on a full time or part time basis under the Award
ER Strategies recommend employers to provide to eligible casuals:
- a letter notifying them of their right to elect to convert; and
- a copy of the casual conversion clause in the relevant Award
If you are a client of ER Strategies, a generic template casual conversion letter can be accessed here.
Upon receipt of request to convert, employers have 21 days to consider the request and may refuse the request on reasonable grounds provided in writing. Clients that may need assistance in the preparation of a letter of refusal please contact ER Strategies.
Request to casual conversion – New employees
Under the Modern Awards all employers must provide to all casuals a copy of the casual conversion clause in the relevant Award within 12 months of commencing employment.
Christmas and New Year’s Holiday 2019
Under the Fair Work Act 2009 and the NES, the following days are public holidays nationwide during the Christmas and New Year period:
- Christmas Day 25 December
- Boxing Day 26 December
- New Year’s Day 1 January
Additional State/Territory part public holidays:
Northern Territory and South Australia
- Christmas Eve 24 December 2019 (7PM – 12 midnight)
- New Year’s Eve 31 December 2019 (7PM – 12 midnight)
Employers are reminded that any full time or part time employee:
- rostered to work on days of the week that fall on a public holiday; and
- where the employee is not required to work on the day;
the employee must be paid their base rate of pay for the employee’s ordinary hours of work on those abovementioned days.
If you are unsure or need further assistance, please contact ER Strategies on 1300 55 66 37.