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10 BUSINESS
CASUAL EMPLOYEES – WHEN CAN THEY CONVERT TO PERMANENT EMPLOYMENT?
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s you will no doubt be aware, there has been much attention in the media recently regarding proposed changes to award provisions, which will enable casual employees to request ongoing employment. While these changes will present a significant change to many employers, it is important to be aware that the right for a casual employee to elect to convert from casual to full-time or part-time employment does already exist in many modern awards. At present, some modern awards – including Manufacturing and Associated Industries and Occupations Award 2010, and Textile, Clothing, Footwear and Associated Industries Award 2010 – contain a ‘casual conversion’ clause. This clause requires an employer to notify casual employees covered by the industrial instrument, who have been engaged on a regular and systematic basis with a specified period of continuous service, that they have the right to elect to convert to full-time or part-time employment, provided that their employment is to continue beyond this period. Under such conversion clauses, an employer must notify the casual employee
CONNECTIONS Issue Two 2017
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of their right to elect to convert to permanent employment within four weeks of the employee reaching the required period of continuous service. This request needs to be provided in writing. If a casual employee does not notify their employer (in writing) that they wish to convert to permanent employment within four weeks of receiving the written notice from their employer, it will be assumed that they wish to remain employed on a casual basis. When a casual employee requests to convert to full-time or part-time employment, their permanent hours will be based on the number of hours they worked as a casual. For example, if an employee worked on a full-time basis as a casual, then they may elect to convert to full-time employment. In contrast, if an employee worked on a part-time basis during the period of casual employment, they would have the right to elect to convert their contract of employment to part-time employment on the basis of the same number of hours and times of work as they had previously worked. While the current casual conversion clause within such awards are similar, it is important to note that each individual
award that applies to your employees should be read separately to ensure that the specific applicable casual conversion requirements are understood. Where genuine operational reasons exist, an employer may have the right to refuse a casual employee’s request to convert to full-time or part-time employment. An example of such a reason could be where a casual employee was employed to cover a seasonal busy period and would not be required on an ongoing basis. Any such refusal must be reasonable. The reasons for the refusal must be discussed with the employee concerned and a genuine attempt must be made to reach agreement. C
From the Blog Desk at HR Advice Online. For further information regarding the right for casual employees to request or elect to convert their status to ongoing employment, please contact HR Advice Online on 1300 720 004 or via email at advice@hradviceonline.com.au.
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14/08/17 12:09 PM