What is the Casual Conversion Clause?
If your employer employs you on a casual basis, then read on as this may apply to you.
A number of modern awards currently include a casual conversion clause. This means that, if an award that includes this clause applies to your employment you may be able to convert to permanent employment if you are eligible. Generally, if you have been employed by your employer on a regular and systematic basis, for a period of six months or 12 months (depending on the award that applies to you), then you have the right to convert your employment from a casual basis to permanent full-time or part-time employment.
Some of the awards that include a casual conversion clause are the following:
- Building and Construction General On-site Award 2010;
- Electrical, Electronic and Communications Contracting Award 2010;
- Joinery and Building Trades Award 2010;
- Hospitality Industry (General) Award 2010; and
- Plumbing and Fire Sprinklers Award 2010.
Your employer must give you notice in writing of your ability to convert to permanent employment within four weeks of you reaching the six month mark.
If you do not elect to convert your employment within four weeks of receiving written notice from your employer, than your employer will deem that you have elected against converting to permanent employment.
If your employer does not give you notice, you can give your employer notice in writing that you are seeking to convert your employment to full-time or part-time employment and your employer has four weeks to agree or refuse your conversion to permanent employment. Your employer cannot unreasonably refuse.
The Fair Work Commission is also in the process of finalising a model casual conversion clause that is to be introduced into the majority of modern awards. However, a casual employee will have to be employed on a regular basis for a period of 12 months before they can request that their employment be converted to permanent employment. If their employer refuses to convert their employment, they must consult with the employee first and they can only refuse to convert the employee’s employment if they have reasonable grounds.
Stay tuned for updates in this area. Anderson Gray lawyers are here to help, contact us today in Brisbane, Sydney or Melbourne if you are having any issues with your employment.