What is it?
Casual Conversion is when an employee makes a request, or an employer makes an offer to see an employee transition from casual to permanent employment. Eligibility for conversion requisites:
- The employee to have been employed for 12 months or more;
- Relatively regular hours of work for the last 6 months of employment; and
- No significant changes to work arrangements to be made in response.
An employee is not eligible for casual conversion if they have:
- Refused an offer to transition from causal to permanent in the last 6 months;
- An employer has supplied written correspondence to inform the employee of reasonable grounds not to make an offer of casual conversion; or
- If the employer has already established reasonable grounds for refusal of a request for another employee.
*An eligible casual employee can make a request for casual conversion every 6 months on the condition of changed circumstance since previous offer or request was made. For example an increase in consistent hours.
Casual Conversion Information Statement
It is the employer’s responsibility to ensure that all existing and new employees receive a copy of the Casual Conversion Information Statement, providing a copy to all new employees within 12 months of employment. It is advised that the provision of this document is made within the initial onboarding of new hires.
Notice of Conversion
It is the employer’s responsibility to provide written notice in consideration of employee eligibility, offers, and requests for casual conversion, ensuring that:
- An employee receives a written response to a casual conversion request within 21 days;
- A letter of offer for casual conversion is received by an employee within 21 days of making the appropriate eligibility assessment; OR
- A letter of refusal is received by an employee within 21 days of assessment explaining why an offer of conversion will not be made.
Reasonable Grounds for Refusal
In refusing an employee’s request for casual conversion, an employer must appropriately consult the employee and give reasonable grounds for refusal based on facts and evidence of foreseeable change to circumstance. Reasonable grounds for refusing casual conversion are inclusive of:
- Significant adjustment of employee hours required to see them meet permanent part time hours;
- Significant upcoming changes to the days and times of an employee’s current work hours that will see a change to the previously patterned hours and employee availability; OR
- Employee hours will reduce or cease to exist within the 12 months preceding the request or assessment.
Acceptance of Casual Conversion
When an offer or request for casual conversion has been accepted the employer and employee must discuss:
- The type of permanent status the employee will be converting to, such as part time or full time;
- The hours of work that will be offered as a permanent employee and whether these will differ to the employee’s previous schedule;
- Official start date as a permanent employee; and
- Drafting and signing of an adjusted position description and employment agreement that reflects any changes to responsibilities, wage or role.
If you are experiencing any uncertainty surrounding your responsibilities in accepting, refusing, or adjusting in response to casual conversion, do not hesitate to call Assurance HR Management on 180 577 515. We have a wealth of experience assisting businesses within this process, both advising and conducting reviews and overseeing the management of conversions to ensure employers remain compliant.
*Information correct at the time of publishing. Please be advised that there are impending Government changes to casual employment legislation of which we will keep you informed.