[Australia] Casual employment will be defined and a universal conversion standard set

[Australia] Casual employment will be defined and a universal conversion standard set
09 Dec 2020

Industrial relations legislation introduced this week will define “casual” employment and set out a universal standard for casuals to convert to full or part-time employment. The existing definition of a “casual” is considered too general and lacking in clarity, and so subject to court interpretation, The Conversation reports.

The new Commonwealth statutory definition states that a person will be defined as a casual if employment is offered “without any firm advance commitment” that it will continue indefinitely and follow an agreed pattern and that the employee accepts employment on that basis.

The revised process for converting into full or part-time employment will reportedly be an enhancement of existing rights of conversion under some awards. It will make the right to convert from casual to permanent available to all casuals.

An employer must make a conversion offer if:

  • the employee has worked for the employer for a year and worked a regular pattern of hours for the past six months (previously 12 months)
  • the employee could continue on as a full or part-time worker without significant change to their hours
  • an employer may decide not to make an offer or accept a request if they have reasonable grounds.

If a worker declined an initial conversion offer, they would retain the right to request every six months. The Conversation has further details of the IR package.

Industrial relations legislation introduced this week will define “casual” employment and set out a universal standard for casuals to convert to full or part-time employment. The existing definition of a “casual” is considered too general and lacking in clarity, and so subject to court interpretation, The Conversation reports.

The new Commonwealth statutory definition states that a person will be defined as a casual if employment is offered “without any firm advance commitment” that it will continue indefinitely and follow an agreed pattern and that the employee accepts employment on that basis.

The revised process for converting into full or part-time employment will reportedly be an enhancement of existing rights of conversion under some awards. It will make the right to convert from casual to permanent available to all casuals.

An employer must make a conversion offer if:

  • the employee has worked for the employer for a year and worked a regular pattern of hours for the past six months (previously 12 months)
  • the employee could continue on as a full or part-time worker without significant change to their hours
  • an employer may decide not to make an offer or accept a request if they have reasonable grounds.

If a worker declined an initial conversion offer, they would retain the right to request every six months. The Conversation has further details of the IR package.

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