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Casual Conversion Letter - Award/Enterprise Agreement Covered

Version 1.0 Updated 20 Sep 2018
Correspondence Manage

Who can use this correspondence

This correspondence can be used by employers whose employees are covered by an award or enterprise agreement and who are seeking to:

  • offer casual conversion to those employees; or
  • are required to notify their employees about their right to request casual conversion under the terms of an award.

 

Commentary


This letter is suitable for employers who are:

  • seeking to minimise the risk of a regular and systematic casual bringing a claim against the business for permanent entitlements (including annual leave and personal leave entitlements or access to unfair dismissal); or
  • required to notify their casual employees about their right to request casual conversion under the terms of an award (often at 6 or 12 months of regular employment).

 

The letter prompts the employee to make an election as to whether they wish to remain casual or convert to permanent employment.

The letter explains the differences in casual and permanent employment to the employee and then asks them to make an election as to how they would like to be engaged moving forward.

If an employee elected to covert to permanent employment, you should take steps to confirm the new employment status (Casual Conversion - Confirmation of Employment Status letter coming soon) and provide them with a permanent Contract of Employment.

If an employee elects to remain casual, ensuring this letter is signed by the employee and returned to the employer may help mitigate the risks of a successful claim from a casual employee for leave entitlements or other permanent entitlements such as unfair dismissal. You should also send a Casual Conversion - Confirmation of Employment Status letter confirming the employee has elected to remain casual and that their employment status remains unchanged.

Casual Conversion clauses in modern awards and enterprise agreements

Many modern awards and enterprise agreements contain a clause entitling casual workers to convert to part-time or full-time employment. These clauses contain specific obligations on the employer that your business will need to comply with.

Many awards will require the employer to notify a casual employee that has reached 6 or 12 months of regular employment and are entitled to request to have their casual employment converted to permanent. For many employers, this requirement to notify is best accompanied by a letter prompting the employee to make an election between casual and permanent and keeping a record of their choice.

Already received a casual conversion request from an employee?

This letter is for employers who are offering casual conversion or notifying their employees that they have a right to request casual conversion.

If an employee has already requested to convert to permanent employment you should respond to that request within 21 days, (Casual Conversion - Employer Response to Employee Request  letter and only after carefully reading the terms of the casual conversion clause in the relevant award.
 
More Information
 
This letter is generic in nature and you may need to obtain legal advice to consider the specific needs of your business in relation to the conversion of casual employees and compliance with the terms of any modern award.

 

 

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