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LEGAL AND IR
NATIONAL
Employee request for casual conversion
Our members were informed of the new National Employment Standard for requests of casual conversion in our September 2021 edition of the IR Magazine. Members are reminded of ongoing obligations surrounding employee requests for casual conversion.
Eligibility criteria for casual conversion – when is an employee entitled to request conversion? Casual employees are entitled to request conversion to permanent full time or part-time employment if they: 1. have been employed by the member for a period of at least 12 months; 2. during at least the last 6 months of the 12-month period, the employee has worked a regular pattern of hours on an ongoing basis; 3. this regular pattern of hours can be converted to full or part-time work without significant adjustment; 4. the employee has not already refused an offer of casual conversion provided by the member within the 6-month period to the request;
mga.asn.au | June 2022 | Edition 3
5. the member has not given the employee notice that an offer of conversion will not be made on reasonable grounds within the 6-month period to the request; 6. the member has not given the employee a response to refuse a previous request for conversion made within the 6-month period to the request; and 7. if the member is not a small business employer, the request was made after 16 April 2021 (for employees employed on or before 26 March 2020) or after 21 days of the employee’s 12-month anniversary (for employees employed after 26 March 2020). Requirements of a request for casual conversion The request made by an employee must be:
• made in writing; • state a request to convert to
equivalent part or full-time hours worked to part or full-time employment; and
• be given to the member. The member must respond to the request within 21 days of provision and
state whether the request is granted or refused.
Must a member accept a request for casual conversion? If the casual employee is eligible to make such a request for conversion, the member is required to accept this request unless:
• the member consults with the employee first; and
• has reasonable grounds not to accept the request (which is discussed below).
Accepting a request for casual conversion After providing a response to the employee stating that the request is granted, the member must then consult and discuss the following with the employee:
• whether the conversion is to full or part-time;
• what the hours of work are after the conversion; and
• what date the conversion takes effect.
