If you have casual staff, you need to give them this. Immediately!!!!

Right to request casual conversion

With the new year having been ushered in, 2019 has also seen a new requirement for employers to abide by in the complex realms of industrial relations, awards and the Fair Work Act.

Without much fan-fare, the new year cheers of 1 January 2019 also had an impact on 2.24 million actively trading businesses, and the 2.5 million casual employees in Australia.

Contained within many awards, and it is always best to check yours regularly, is a new clause that provides the rights for casual employees to request to be converted to either part-time of full-time employment. I sample the wording below for further knowledge.

(p) An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of this subclause within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018,an employer must provide such employees with a copy of the provisions of this subclause by 1 January 2019.

This changes the ongoing relationship between many employees and employers, as the offering of fulltime employment had previously been used as a reward of sorts. This is now an entitlement so you may need to find a different carrot to dangle to motivate your casual staff.

It is noted that for an employee to convert to casual they would also be fore-going their 25% casual loading. Within the lives of many casual employees, there is an alarming number of people who live pay-check-to-pay-check, it is therefore advised to employers to talk with their employees about how this will impact them. If they have adjusted their living expenses to a certain cashflow requirement they may not be able to feasibly afford the reduction. While HR experts can explain that this is off-set by annual leave and sick leave accruals, the harsh reality is that many may not wish for this as they cannot afford the reduction.

Our wattsnext tip! Include the casual conversion clause as an appendix in your casual employment contract. This is also a good idea to do to ensure you also comply with the legal requirements of providing every employee a copy of the Fair Work Information Statement.

Reference: Contract Call Centres Award 2010(MA000023)

10.5 Right to request casual conversion
[10.5 inserted by PR700606 ppc 01Oct18]

(a) A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment.

(b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked 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 under the provisions of this award.

(c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment.

(d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked.

(e) Any request under this subclause must be in writing and provided to the employer.

(f) Where a regular casual employee seeks to convert to full-time or part-time employment, the employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee.

(g) Reasonable grounds for refusal include that:

(i) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award –that is, the casual employee is not truly a regular casual employee as defined in paragraph (b);

(ii) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months;

(iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or

(iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.

(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable.

(i) Where the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 9. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

(j) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause, the employer and employee must discuss and record in writing:

(i) the form of employment to which the employee will convert –that is, full-time or part-time employment; and

(ii) if it is agreed that the employee will become a part-time employee, the employee’s hours of work fixed in accordance with clause 10.3.

(k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

(l) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of the employer.

(m) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage),or have their hours reduced or varied, in order to avoid any right or obligation under this clause.

(n) Nothing in this clause obliges a regular casual employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert.

(o) Nothing in this clause requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

(p) An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of this subclause within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018,an employer must provide such employees with a copy of the provisions of this subclause by 1 January 2019.

(q) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in paragraph (p).