From 27 September, employers need to commence contact with long term casual staff with a written offer to convert them to permanent employment.
The Fair Work Act gives casual employees the right to convert to permanent employment after 12 months of employment, if they have had a regular pattern of hours on an ongoing basis over the past six months.
Small-business employers (fewer than 15 employees at any given time) are not required to convert to permanent employment.
Employers are not required to make an offer if there are “reasonable grounds” not to, such as the position being made redundant, or a significant adjustment to the employee’s work hours to be employed full-time or part-time.
Businesses must write to an employee within 21 days after the employee’s 12-month anniversary to inform them of the casual conversion offer, or reasons why they are not making the offer.
Employees need to respond in writing within 21 days and if no response, employers can assume that they’ve declined the offer.
Failing to embrace these changes can result in significant penalties.
Casual employees can also make a request to convert to permanent employment after 12 months employment, with a regular pattern of hours over the last six months, and can continue to work these hours in a full-time or part-time capacity.
Casual employees who consider they have been unfairly denied an opportunity to convert to permanent employment are able to refer their dispute to the Fair Work Commission or seek help from the Federal Circuit Court.
Please contact our office should you have any queries in relation to the above.