Is your business aware of its casual conversion obligations?
On and from 1 October 2018, most Modern Awards will include a casual conversion clause. What does this mean for your business? It means it will affect the rights and obligations of your business as an employer, if you are employing casual employees who work on a regular and systematic basis. In short, such casual employees will have the right to request a conversion from casual employment to permanent full-time or part-time employment.
There are a couple of key points to know:
- the new clause is an election by an employee, businesses do not need to offer permanent employment to any regular casual employees;
- any casual employee wanting to convert will need to make an application in writing;
- your business will need to respond to such requests in writing and within a specific 21 day timeframe - much like flexible working requests;
- your business must provide a copy of the new clause to your casual employees employed as at 1 October 2018 by no later than 1 January 2019;
- your business doses not have to agree to a casual conversion request, however a business may only refuse a casual conversion request on certain reasonable grounds, such as the conversion would require a significant adjustment to the employee's hours of work in order for an employee to be engaged as a permanent full-time or part-time employee.
If you need support to consider and decide on a casual conversion request or to upgrade your casual and permanent employment contracts to factor in these new requirements and ensure compliance, contact us at IR Legal Solutions today.