From 1 October 2018, casual employees falling under specified Modern Awards have a right to request a permanent position if they have worked regular hours for at least one year, which cannot be refused by an employer unless there are “reasonable grounds” to do so and these reasons are provided to the employee in writing, pursuant to a number of determinations by Fair Work.
The changes apply to many employees in the retail and hospitality industries, including where employees fall under the General Retail Industry Award 2010.
If a casual employee has worked full-time hours in the past 12 months (e.g. 38 hours a week), they may request conversion to full-time employment whilst employees that have worked a lower average may request part-time conversion. This is known as a ‘casual conversion’, where a casual employee is transferred into permanent employment.
Why might an employee convert from casual to permanent?
Full and part-time employees receive a number of benefits over casual employees, such as sick and annual leave entitlements and greater job security. However, this would come at the expense of any casual pay rates and loading entitlements.
It is a requirement that employers provide all casual employees under an applicable Modern Award or enterprise agreement with a copy of the casual conversion clauses within the first 12 months of their engagement (and for those already casually employed, employers must provide the clause by 1 January 2019).
Source: Fair Work