Elizabeth Kenny

Casual employees right to permanent positions

October 15, 2018

Did you know, in certain circumstances, you may now be required to transfer your casual employees to permanent positions?

Modern awards have been amended to include casual conversion clauses. These clauses apply where a casual has:

  • worked for at least 12 months for the employer;
  • worked an ongoing regular pattern of hours; and
  • has a reasonable expectation of continued work over the next 12 months.

Employers may only refuse a request to transfer to permanent employment in limited circumstances and on reasonable grounds. For instance:

  • when the conversion will result in a significant adjustment to the employee’s hours; or
  • it is reasonably foreseeable that the casual position will cease, or their hours of work will significantly reduce or change in the next 12 months.

How will this affect you?

  1. Employers will need to inform employees of their right to conversion within 12 months of them commencing employment by providing a copy of the award provisions.
  2. Employers will need to consider their staffing structures and forecasts to ensure they remain compliant with award provisions.
  3. Consideration will need to be provided to any applicable enterprise agreement clauses.

 

Like to know more?

Please call us on 02 4861 2345.