Changes to Rights for Casual Workers

If you employ casual workers or if you are a casual worker, you need to be aware of the changes effective this month following the Fair Work Commissions ruling.

Under the ruling, from 1 October casual workers now have the right to ask for a permanent position if they have worked regular hours for at least 12 months. Those that have worked an average of 38 hours can ask for their position to be converted to a permanent full-time job, while those who worked less than 38 hours can ask to be a part-time employee, if they work a “pattern of hours”.

The full ruling can be read HERE but some of the key things to be aware of are:

• Employees requests must be submitted in writing
• Employers can refuse the request; it must be done in consultation with the employee and there must be reasonable grounds for making the decision, such as the job not being required in the next 12 months or it would require a significant adjustment to the hours of work
• If refused, employers must provide the reasons for refusal in writing within 21 days of the request being made
• If granted, the employer and employee must discuss and record in writing the specifics of the change in employment
Employers also need to be aware that under the ruling, you must provide all new casual employees (whether regular or not) a copy of the provisions of this sub-clause within the first 12 months of the employee’s first engagement to perform work. All casual employees already employed as of 1 October 2018 must be provided with a copy of the provisions of this subclause by 1 January 2019.

If the new ruling affects you, make sure your know your rights and obligations and seek HR advice for your situation.