MANAGEMENT
Four workplace issues to address for a compliant 2019 Workforce Guardian’s Charles Watson* examines four workplace issues that should be addressed by your business in 2019.
Casual worker conversion From 1 October 2018 national system award covered regular casual workers became entitled to request conversion to full-time or part-time permanent employment. Employers have until 1 January 2019 to provide their existing casual workers with a copy of the new award provisions for consideration. For casual workers engaged after this date, the employer must ensure all casuals, whether regular or not, receive a copy of the relevant award provisions within the first six to 12 months of their first engagement. Under the new provisions, casual workers are not obliged to convert to permanent employment, nor is conversion to permanent employment an automatic process, however, employers must not unreasonably refuse such requests. Casual employees are not limited to a once off occasion to request conversion. When a conversion request is made, the employer should ensure that: • The request is in writing • Consultation with the employee should occur (remember to advise the employee they will lose their current 25 per cent casual loading) 34 INCLEAN January/February 2019
• After consultation, any refusal so should be detailed in writing to the casual worker within 21 days of the request. If the request is approved, the casual worker should be issued with a new employment agreement, or a variation to their current agreement. Employers should seek advice about their casual arrangements and the first port of call may be to thoroughly vet your casual arrangements.
Family and domestic violence leave All federal system awards now contain a term providing national system award covered workers with access to five days unpaid leave per year. Workers can take the leave if they need to deal with the impact of family and domestic violence and it’s impractical to do so outside their ordinary hours of work. Although award-free workers are not covered by such terms, employers should remain sensitive to this issue whether they are covered or not. Businesses should consider how to manage this issue if it arises in the workplace and not take any adverse action against a worker as a result. A further development on this issue is a Bill before federal parliament seeking to extend the award entitlement so as to