In October 2018, a casual conversion clause was added to most modern awards, giving casual employees a right to request that their employment be converted to full or part time. The determining factor here is if the employee has been working a regular and systematic pattern of hours on an on-going basis (generally 12 months) and there is reasonable expectation that this pattern of hours will continue for the foreseeable future. Requests must be made by the employee in writing and a response (including any reasons for refusal) must be provided to the employee within 21 days.

Under this clause all employers are required to provide casual employees with a copy of the clause (if applicable under the relevant Award) by January 1 2019. It also requires that all casual employees who commence employment after the 1 October 2018 be provided with a copy of the clause within 12 months of their employment commencing. Employers should also ensure that contracts of employment are updated to reflect the change.

Weren’t aware of this change? We can help you by:

• Ensuring your contracts of employment are updated to reflect the new clause;
• Drafting communications to your employees notifying them of the change and how to make a request;
• Provide advice on appropriate assessment if an employee’s request for conversion to permanent employment, including  reasonable grounds for refusal.

Contact our expert consultants today!