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Casual Conversion - 'Offer' Letter to Employee

Version 1.0 Updated 22 Jun 2021
Correspondence Manage

Who can use this letter?

This letter is for National System Employers who employ 15 or more employees.

 Commentary

What is this letter for?

This letter is to offer eligible casual employees the option to convert to full-time or part-time employment.

More information

Provisions inserted into the Fair Work Act 2009 in March 2021 require employers with 15 or more employees to offer casual employees the option to convert to full-time or part-time employment if:

  • the employee has been employed by the employer for a period of 12 months; and
  • during at least the last 6 months of that period, the employee has worked a regular pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to work as a full-time employee or a part-time employee (as the case may be).

 

This letter offers the casual employee the option to convert and explains some of the consequences.

 

What if we don’t want to offer conversion?

There are only limited circumstances in which employers do not need to offer conversion to eligible employees.

An employer can only decide not to offer conversion if they have reasonable grounds, based on facts that are known, or reasonably foreseeable, at the time the decision is made.

Such grounds include where:

  • the employee’s position will cease to exist within the next 12 months
  • the hours that the employee is required to perform will be significantly reduced within the next 12 months
  • there will be a significant change to the days on which the employee’s hours of work are required to be performed during the next 12 months and the new days fall outside of the employee’s availability
  • there will be a significant change to the times at which the employee’s hours of work are required to be performed during the next 12 months and the new times fall outside of the employee’s availability
  • such an offer would not comply with the recruitment/selection process we are required to follow by law
  • making the offer would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory.

 

If an employer decides not to offer conversion, they must write to the employee and provide them with the reasons for their decision. See - Casual Conversion - ‘No Offer’ Letter to Employee for more information.

When should this letter be sent?

This letter must be sent to the employee within 21 days after they have been employed for a period of 12 months.

 

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