Steps for Businesses with more than 15 employees to take AFTER 27 September 2021.
- Have they been employed for 12-months?
- In the previous 6-months have they worked a regular and systematic pattern of hours that without a significant adjustment they could continue working in the capacity of full-time or part-time.
- If they have not been employed for 12-months (yet) – no steps to take. Do not need to provide written notice.
- If they do not meet the requirement at 9b), must give written notice as per Step 2(A)
Note: this is a one-off obligation on employees 12-month anniversary – not every 12 months
- Still need to offer conversion to employee at the 12-month mark who are not offered conversion in the transitional period (period up to 27th September 2021)
Step Two (A)
If the casual has been employed for you for 12-months or has not work regular and systematic pattern of work for at least 6-months which without a significant adjustment they could continue working in the capacity of full-time or part-time then:
- Give the employee a written notice setting out.
- That a written offer of conversion will not be given
- The reasons why a written offer is not being given. This may include.
- Not employed for 12-months
- Work pattern not regular or systematic for a period of 6-months which the employee could continue as a full-time or part-time employee.
- Or any other reasonable grounds such as known business changes coming up that.
- Employees cannot request conversion until they have worked regularly and systematically for 6-months.
Step Two (B)
If the causal has been employed for a period of 12-month and has worked at least 6-months in a regular and systematic pattern of work which can be continued in a full-time or part-time capacity without significant adjustments, then.
- Consider if there are any reasonable grounds for not making the offer.
- If reasonable ground exists, then give written notice as per step three (A)
What are reasonable grounds?
- The employees’ position will cease to exist in the period of 12 months after the time of deciding not to make the offer.
- The hours of work which the employee is required to perform will be significantly reduced in that period.
- There will be a significant change in either or both of the following in that period.
- The days on which the employees’ hours of work are required to be performed.
- The times at which the employees’ hours of work are required to be performed.
Which cannot be accommodated within the days or times the employee is available to work during that period?
- Making the offer would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or Territory.
Step Three (A)
If there are reasonable business grounds for not making the offer of permanent employment the employer must give the employee a written notice setting out
- The employer is not giving a written offer of conversion.
- The reasons why the employer is not giving an offer of conversion (e.g. what the reasonable grounds for not making an offer are)
- Must be given within 21 days of the 12-month anniversary.
- Such an employee cannot make a request for conversion for a further 6-months.
Step Three (A)
If the casual employee has been employed for 12 months and has worked at least 6 months in a regular and systematic pattern of hours which the employee could continue in a full-time or part-time capacity without any significant adjustments needing to be made and there are no reasonable grounds for not making the offer of conversion, then.
- The employer must give the employee a written offer to convert.
- Either on a full-time of part-time basis depending on the pattern of hours worked
- Make this offer within 21 days of the date of assessment (but before 27th September 2021)
Step Four (A)
If the employee declines the offer or does not respond within 21 days of the offer being made, then they can continue as a casual employee.
- An employee cannot make a request to convert for a further 6 months.
- Recommended that a letter is given to employees confirming they will not convert.
Step Four (B)
If the employee accepts the offer to convert the employer must within 21 days of acceptance
- Discuss with the employee the following matters and then give the employee a written notice confirming.
- Whether the employee is converting to full-time or part-time employment
- The hours of work after the conversion takes effect.
- The date the conversion takes effect (which must be the first day of the employees first full pay period that starts after the day the notice is given unless the employee and the employer agree another day)
SEE DIAGRAM BELOW.
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