LEGAL AND IR
NATIONAL
What if an employee accepts an offer of casual conversion? Should an employee accept conversion, Members are required to conduct a discussion with the employee on the following, then confirm the following in writing, within the correct timeframe:
• whether the conversion is to full or part-time;
• what the hours of work are after conversion; and • date that the conversion takes effect. • It is best practice for Members to then issue a new employment contract which formalises the conversion.
When are Members not required to make an offer of
casual conversion? Members are not required to make an offer of casual conversion if:
• the Member is a small business employer;
• the employee is not eligible for an
offer of casual conversion outlined in the National Employment Standard;
• the employee’s position will cease
to exist 12 months after the time of deciding not to make the offer;
• the hours of work which the employee is required to perform will be significantly reduced in that period;
Members may be exempt from the requirement to provide an offer of casual conversion only if there are other reasonable grounds not to make the offer.
If a Member decides not to make an offer, they still must notify the employee in writing (i.e. letter) that they won’t be making an offer of casual conversion and the reasons for this. Members should be aware that employees have a residual right to request conversion in some circumstances, even if they have been notified previously that an offer of conversion will not be made. Next steps: The Legal and IR Team can also assist Members with preparing employment contracts for converting employees, as well as advising on any of the procedural steps mentioned above. Please phone 1800 888 479.
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