Response to Request for Casual Conversion
This Response to Request for Casual Conversion can be used by an employer to respond to a request by a casual employee that they be converted to full time or part time employment. This is part of the new conversion procedure following the changes implemented on 26 August 2024.
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Under 10 minutes
Suitable for Australia
Document Overview
NOTE: You should only reject the request if you are certain about the absence of a firm advance commitment to ongoing work, otherwise you may be in breach of the Fair Work Act. Seek legal advice if you are unsure.
If you decide to accept the employee's request, please ensure that you attach the proposed employment agreement to this letter for the employee to review.
This letter corresponds to the new requirements for conversion following 26 August 2024.
The way the new conversion provisions apply is as follows:
- For casuals employed before 26 August 2024, the previous conversion requirements continue to apply for 6 months, or 12 months if employed by a small business employer. Following that point, the new requirements apply.
- For casuals employed on or after 26 August 2024, the new requirements apply.
Following 26 August 2024, the new requirements apply:
Employers are no longer required to make an offer of casual conversion. Rather, the employee is entitled to notify their employer of their intention to convert to a permanent role where the employee has been employed for at least 6 months, or 12 months if working for a small business with fewer than 15 employees.
Employees can’t notify their employer of their intention to change to permanent employment if they:
- are currently engaged in an ongoing dispute with their employer about casual conversion, or
- in the last 6 months:
The employer can refuse the change if any of the following apply:
- the employee still meets the definition of a casual
- there are fair and reasonable operational grounds for not accepting the notification, including:
- accepting the change means the employer isn’t complying with a recruitment or selection process required by law.
What does this letter Cover?
A response by the employer to a request by the employee to be converted from casual to full time or part time.
Further Information:
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