Many employees may start out as casuals, and may change to a permanent position after they have been with a business for some time. Switching your staff from casual to full time positions is a common scenario, and can occur when both the employer and employee consent to it.

In fact, due to recent changes in the law, a regular casual employee has the right to request a change to a permanent role after 6 or 12 months of service according to their award, with the employer only being able to refuse on reasonable grounds. 

To follow the correct process for changing to full time or part time from casual, you will need to check any employment agreements such as enterprise agreements, and your employee’s modern award. 

Here’s what you need to know about changing staff from casual to full time employees.

What Is The Model Casual Conversion Clause?

The Model Casual Conversion Clause is information found in your employee’s modern award. It sets out an employee’s right to request a change to permanent employment after working a set amount of minimum months as a casual with a certain pattern of hours. 

For example, if a casual employee has worked a full time load for a year, they can request to change to full time employment. If their pattern of work more closely resembles a part time load, they can request to change to a part time role.

The Model Casual Conversion Clause is important as it helps set staff expectations while ensuring they know their rights. It also outlines the grounds on which an employer can refuse a change to a permanent role.

When Can You Refuse A Change From Casual To Permanent?

There are a few grounds on which you can refuse your employee’s request to change to permanent employment. These reasons might include:

  • Changing to permanent employment would mean a significant adjustment to the employee’s hours
  • It is reasonably foreseeable that the staff member’s position either won’t exist or will need to have reduced hours within 12 months time
  • It is reasonably foreseeable that the hours you will need your staff to work won’t be suitable for permanent hours

What You Need To Do If You Are Employing Casual Staff

As an employer, you need to give all of your casual employees a copy of the Model Casual Conversion Clause within a year of your staff member starting work. 

If they had been employed before the law changed, then you needed to have given them this information by 1 January 2019.

You also need to ensure your employment contracts are up to date to reflect the Model Casual Conversion Clause.

Speak With An Employment Lawyer

If you need help with understanding your obligations as an employer, or need assistance updating your employment contracts, feel free to reach out to us for a free consult on 1800 730 617 or at team@sprintlaw.com.au.

About Sprintlaw

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