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Casual Conversion Letter - Award/Enterprise Agreement Free

Version 1.0 Updated 20 Sep 2018
Correspondence Manage

Who can use this correspondence

This correspondence can be used by employers for particular employees who are not covered by an award or enterprise agreement.

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).

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 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.

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.

We note that this letter has been drafted on the basis that the employee in question is not covered by a modern award or enterprise agreement. This means that the letter is not designed to achieve compliance with any casual conversion obligation under an award or enterprise agreement

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 employment of casual employees.
 
If you are ensure about the wages or hourly rates of your employees (before or after converting to permanent employment) you should also obtain legal advice.
 

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