The Fair Work Act 2009 has been updated to include the Employee Choice Pathway, giving casual employees more control over converting to permanent work.

Under the new rules, employers no longer need to offer conversion. Instead, casuals can notify their employer if they want to switch to full-time or part-time. To qualify, the employee must:
• have worked at least 6 months (12 months in small businesses),
• believe they no longer meet the definition of a casual, and
• not be in a current dispute about conversion.

A casual employee is defined as someone with no firm commitment to ongoing work, usually paid with a casual loading. The real nature of the job and work patterns will also be considered.

When notified, employers must:
• consult with the employee and respond in writing within 21 days,
• approve the request (specifying hours and start date), or
• refuse only if the role still fits the casual definition or there are fair and reasonable operational grounds (e.g. major workplace changes).

Employers should update policies, train managers, keep clear records, and plan for workforce impacts. Disputes can be taken to the Fair Work Commission.

IR Support

Full Cotton Australia levy payers are entitled to a 15-minute IR consultation with Wayne Schwalbach from Employment Mediation Services (0447 935 416) to assist with workplace questions.