20 December 2018

New Casual Employee Conversion Clause

 

On and from 1 October 2018, many modern awards have a new clause inserted into them. The new clause affects the rights and obligations of employers who employ people working on a regular and systematic basis, as casual employees.

 

Such employers need to provide each of the existing casual employees covered by the award with a copy of the new clause by 1 January 2019.

 

The new clause introduces the concept of a "regular casual employee", being an employee who works "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".

 

There is no requirement for employers to offer permanent employment to a "regular casual employee", however requires them to provide a copy of the new clause to all casual employees employed on or after 1 October 2018, within 12 months of their employment commencing.

 

In the event if the casual employee decides to request the conversion, they need to do so in writing. Employers need to respond to such request also in writing, and within 21 days of receiving the request. There is also a need for the record keeping when conversion to permanent employment is agreed.

 

The new clause does not require the employers to agree to such request provided they have reasonable grounds for doing so.

 

If a modern award which regulates employees already contains a casual conversion clause, then these changes will not affect that clause.

 

Please check the relevant industry award for the casual conversion clause applicable.

 

For details of the changes see: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FWCFB/2018/4695.html?query=#fnB5, and for FAQ see https://www.gadens.com/legal-insights/faq-on-new-casual-conversation-clauses-operative-from-today-1-october-2018/

 

 

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