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Casual employees conversion to permanent: URGENT

During 2018, the Fair Work Commission, as part of it on-going award modernization obligations, amended most modern awards to include a mandatory  casual conversion clause which will allow casual employees to convert to part-time or full-time permanency, in certain circumstances.  Although there a few modern  awards which already contain such a clause, most are silent on this point.

As a consequence, more than 80 modern awards have now been amended to include a right for casual employees covered by modern awards to request a change of employment from casual to permanent, normally part time.  In other words a regular casual employee employed on terms governed by a modern award will be entitled to request that their employment be converted to permanent. In such a case an employer may only decline the request upon reasonable business grounds.

Before the end of THIS……yes THIS year, 2018 year…., if your business employs casuals, you must:

  1. identify any modern award applicable to those employees;
  2. check out if the modern award has a casual conversion clause;
  3. if so, follow the notification obligations.

The key is that you must send the notification to existing casual employees by 1 January 2019.

For any award-covered casual employees that you employ in the future, you will need to provide notification within the first 12 months of their employment.

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