Modern Awards have been updated with the insertion of a casual conversion clause (except the Meat Industry Award 2010, the Educational Services (Teachers) Award 2010 and other Awards which already contain the right to convert), with this change becoming effective 1 October 2018.
Employees who meet the eligibility test of a ‘regular casual’ may request to convert from casual to permanent employment. Whether or not the employer approves or refuses the request the decision must be documented in writing within 21 days of receiving the request from the employee. Refusal of the request can only be made on reasonable grounds after consultation with the employee.
What must Employers do now?
- Review the clauses regarding Casual employees in the updated Awards applicable to your business.
- Provide every casual employee (whether they are likely to meet the definition of a ‘regular casual employee’ or not) with a copy of the clause within the first 12 months of the employee’s first engagement to perform work.
For new casual employees, employers could provide a copy of the clause to a casual employee on commencement of employment and this would satisfy the employer’s obligation under the clause. The onus is then on the employee to write to their employer to request conversion if and when they meet the eligibility criteria under the relevant Award.
For casual employees already engaged before 1 October 2018 a copy must be provided to them by 1 January 2019.
Contact us if you need assistance in the application of this change. Our October issue of Your HRmatters will provide further information on this significant change to casual employment.