– WORKPLACE RELATIONS NEWS – By Tania Harris
– A REFERENCE POINT to Learn Changes in Law.
– Issues that Affect your Business.
– Keeping Employers up to date
CASUAL CONVERSION from October 1, 2018
As a result of the Fair Work Commission (FWC) Casual Employment Decision, changes will occur to 85 Modern Awards providing eligible Casual Employees an opportunity to request to convert to full-time or part-time Employment.
These changes took effect from October 1, 2018.
The Casual Conversion decision means that Casual Employees covered by 85 of the Modern Awards will have the right to request full-time or part-time Employment after working as a regular Casual for at least 12 months with an Employer.
It gives an Employee the ability to ‘convert’ Casual Employment to part-time or full-time employment and receive all the entitlements that follow.
Employers can refuse the request in writing on reasonable grounds, including that it would require a significant adjustment to a Casual Employee’s hours of work or they could foresee their position would no longer exist in the next 12 months.
No changes will be made to the 37-odd modern awards that already contain a casual conversion clause.
This decision is part of the four-yearly review of Modern Awards.
CASUAL RETAIL WORKERS’ PENALTY RATES ARE INCREASING from November 1, 2018
The Fair Work Commission (FWC) has increased Casual Retail Workers’ penalty rates for weekday evening shifts and Saturdays, in a decision welcomed by unions, but described by Employers as “disappointing”.
The FWC has decided to phase in the increases with the phasing commencing on November 1, 2018.
Saturday penalty rates for Casual Retail Employees working between 7am and 6pm will increase, in three stages, from 25% to 50%, by March 2020.
Penalty rates for casuals performing evening work, Monday to Friday, will also increase in three stages by March 2020.
Noting the Retail Award currently requires a penalty payment of an additional 25% for ordinary Saturday hours for Full and Part-time workers, but 10% for Casuals, the bench said Casual rates for both Monday to Friday evening work and Saturday work “lack logic and merit”.
Also, keep in mind that Sunday penalty rates commenced phasing down on 1 July 2017.
LANDMARK DECISION AFFECTING CASUAL EMPLOYEES
Further to my article in the September issue regarding a Casual Employee being entitled to Annual Leave Entitlements.
The Court upheld that the Employee – who was described as a Casual, but worked a regular roster, set a year in advance – was a Permanent Employee. As a consequence, the Employee was entitled to Annual Leave Entitlements.
It is important that Employers ensure Casual Employees are clearly advised in writing of their terms and conditions of employment.