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Employment Law ChangesAugust 1, 2017
Casual employees with 12 months of service could soon be entitled to become full or part-time employees. The recent decision by the Fair Work Commission (FWC) has put on notice employers covered by 85 Modern Awards that they may well be required to consider making permanent any casual with 12 months’ service. While not a final decision, the impact on employers and the changes this will make to businesses around the country could completely change the role of casuals in Australian workplaces.
Under a proposed model clause, casual employees with 12 months of service will be able to request full-time or part-time status under 85 of the Modern Awards that currently do not contain a casual conversion clause. While the change has been suggested and discussed by the FWC, the changes are not final and will go through a consultation phase. The FWC will make a final determination in coming months, at which point the exact details will be known.
An employer can refuse a request, on reasonable business grounds following consultation with the employee. This refusal may be based on a number of specific grounds, including if it would create a significant adjustment to the employee’s hours of work, or if the employer can foresee their position would no longer exist in the following 12 months.
The details at this stage, are not final and the FWC is requesting submissions from interested parties. Employsure will be monitoring this issue and the details of the final determination. As information comes to hand, clients will be updated on what it means for their business.