The Fair Work Commission has announced, under its 4 year modern award review, that casual workers will be given the right to convert to part time, or full time employment, under certain conditions.

From 1 January 2018, employers using modern awards should expect a clause inserted into their award (where no casual conversion clause already exists), reflecting the draft terms of:

  • a qualifying employment period of 12 calendar months is met;
  • the casual employee must have worked a pattern of hours on an ongoing basis over the 12 month period which could continue to be worked on a full-time or part-time basis without significant adjustment;
  • the employer must provide all casual employees with a copy of the casual conversion clause within the first 12 months after their initial engagement.

This preliminary decision does give employers the right to refuse this request on the basis of:

·       Requiring a significant adjustment to their hours of work to accommodate the terms of the modern award;

·        It’s known or expected that the casual employee’s position will cease to exist, or hours will significantly change or reduce;

·       On any other reasonably foreseeable grounds.

The Commission also concluded that for the modern awards that didn’t already have a minimum engagement clause, a two-hour minimum would be inserted to the award.

Summary: https://www.fwc.gov.au/documents/decision_summaries/2017fwcfb3541-summary.pdf

 

Full Decision: https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/2017fwcfb3541.pdf