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Casual Conversion - Notification of Casual Conversion Clause Letter

Version 1.0 Updated 28 Sep 2021
Correspondence Manage

Who can use this letter?
 
This letter is designed for employer’s whose new and existing employees are covered by a modern award. Majority of modern awards now require the employer to provide their employees with a copy of any casual conversion clause contained in the award:

  • within 12 months of commencing casual employment; or
  • by 1 January 2019, for existing casual employees.

 

New casual conversion clause
 
From 1 October 2018, 85 modern awards had a new casual conversion clause inserted into them. If you want to find out if this applies to any awards your business uses click here.

The new clause will affect the rights and obligations of employers who employ ‘regular casual employees’.

In the awards, a ‘regular casual employee’ is defined as:
 
A casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award.

Employer Obligations

This letter will assist you to comply with the mandatory obligations contained in majority of modern awards.

The employer’s obligations include:

  • providing casual employees with a copy of the casual conversion clause:
  • within 12 months of an employee commencing casual employment; or
  • by 1 January 2019, for existing casual employees.
  • understanding that casual employees are allowed to request a conversion, in writing. This is different to the employer proactively offering conversion, which you do not have to do. However, some employers will want to prompt their casual employees to make an election between permanent and casual employment to mitigate the risk of casual employees later claiming they were permanent (and seeking permanent entitlements such as annual leave etc.). If you wish to do this, see Casual Conversion Letter - Award/Agreement Covered.
  • responding  to any casual conversion requests in writing, and within 21 days of receiving the request. The new clause does not require you to agree to a casual conversion request provided you have reasonable grounds for doing so.


Advice for employers

If you employ people on a casual basis, then on 1 October 2018 (or as soon as possible thereafter) familiarise yourself with any relevant modern awards.

If such an award contains a new casual conversion clause, then ensure you provide each of your casual employees covered by the award with this letter including a copy of the new clause.
 
 

 

 

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