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More casual employees will have the ability to convert to full time or part time employment as a result of a recent ruling from the Fair Work Commission.
Around 85 modern awards will now contain “casual conversion” clauses which, in certain circumstances, allow casual employees to request that they be converted to part time or full time employment.
It is possible for an employer to refuse to grant the request on reasonable business grounds such as:
1. it would require a significant adjustment to the casual employee’s hours of work to accommodate them in full-time or part-time employment; or
2. it is known or reasonably foreseeable that the casual employee’s position will cease to exist; or
the casual employee’s hours will significantly change or be reduced within the next 12 months; or
3. it is reasonable in the circumstances based on facts which are known or reasonably foreseeable.
This ruling highlights the need for both employers and employees to be aware of the provisions of any applicable modern award.
Of course it is also important for any relevant award to be specifically referred to in the employment contract. Click here for more information on other clauses that should be included in employment contracts.