BE INFORMED: Casual workers now have the right to ask their bosses for a permanent position if they’ve worked regular hours for at least one year. Picture: gradyreese
With the Christmas season upon us, employers need to be wary of recent changes to casual employment laws and new family and domestic violence leave entitlement obligations that may affect them.
Casual workers now have the right to ask their bosses for a permanent position if they have worked regular hours for at least one year.
It is important for businesses to ensure compliance with the obligations where required as recent case law indicates that non-compliance can be significant and those who fail to comply with their obligations may be liable for significant penalties.
While this may seem significant, it is important for employers to remember that, generally, most casual employees want the higher pay rate and therefore will most likely want to remain employed as casuals.
So the actual impact is probably not going to be too significant.
What employers should do?
From October 1, 2018 check the applicable Modern Award or enterprise agreement to determine your obligations, familiarise yourselves with them and ensure compliance.
Give all casual employees a copy of the conversion clause within the first 12 months of their first engagement.
For casual employees already employed as at October 1, 2018, employers must provide them with a copy of the conversion clause by January 1, 2019.
Employers can reject a request, provided there has been consultation with the employee and there are reasonable grounds based on facts that are known or reasonably foreseeable.
A refusal must be put in writing with the reasons set out clearly.
If the employee seeks to challenge the employer’s refusal, this will be resolved through the dispute resolution provision of the award.
If a request is granted, it must be discussed and recorded in writing and will begin at the commencement of the next pay cycle.
New family and domestic violence leave entitlements
Also from August 1, family and domestic violence leave has been added to the National Employment Standards and applies to all employees in the Fair Work System.
The new entitlement allows employees experiencing family and domestic violence to access up to five days of unpaid leave to do something to deal with its impacts. This includes (but isn’t limited to) taking time off to make arrangements for personal and family safety, access police services and attend court hearings.
Merry Christmas to all our members and readers.