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Employment Law ChangesMay 24, 2019
Just a quick update.
The Fair Work Commission has inserted a new clause into the Educational Services (Post-Secondary Education) Award that may affect casual workers employed at your business.
This change is similar to the many other casual conversions clauses that have been inserted into other awards.
Casual workers employed under the Educational Services (Post-Secondary Education) Award now have the right to request to be converted to part-time, full-time employment or sessional employment (teaching staff members only), after working a regular, ongoing pattern of work over 12 months.
Employers will need to consider whether the request can be accommodated and consult with the employee about their request.
A request for casual conversion can be refused in writing, on reasonable grounds. What is considered reasonable grounds is laid out in the determination found here.The determination, as always, is a bit wordy, so if you’re lost feel free to ring up one of Employsure‘s advisors.
On top of that, there are two distinct casual conversion clauses in this award – teaching staff and non-teaching staff. The casual conversion clause applicable to your casual employees, will depend on this distinction.
If you’d like to learn more about casual conversion, check out this video Casual Conversion Explained.
This particular award’s changes came into effect on 9 May 2019.
What do you need to do?
No immediate action is required but there are three things you need to do in the short-term:
Casual employees employed as of 9 May 2019, need to be given a copy of the new clause relevant to them by 9 August 2019.
Casual employees employed after 9 May 2019, must be given a copy of the new clause relevant to them, within 12 months of starting with the business.
Be aware, regular casual employees now have the right to request to be converted to part-time, full-time or sessional employment if they meet the eligibility requirements.
If you need help understanding or implementing these changes, feel free to contact Employsure.