Casuals engaged under the Clerks – Private Sector Award 2010 will need to be provided with a copy of the provisions in the new casual conversion clause by 31 December 2018.

On 1 October 2018 a new clause was inserted into the Clerks – Private Sector Award 2010, which provides for a casual conversion process for administrative staff.   All casual staff must be provided with the details of the clause within the first 12 months of their engagement.  Existing staff must be provided with the details of the clause by 31 December 2018.

The Casual Conversion Clause is a new element to the Clerks – Private Sector Award 2010, and provides for regular casuals to elect to convert to permanent status (rates and benefits) after meeting the qualifying period.

There are penalties for businesses that do not provide the written communication of the provisions of the clause.

As with the historic Casual Conversion Clauses, there is a process whereby if the employee chooses to convert they make such a request in writing, and then the business must consider the request.  The business can refuse the request, but must not unreasonably refuse, and in this award, if there is to be a refusal it must be after consultation with the employee and must be communicated in writing within 21 days of receiving the request.  If the employee rejects the reasons for refusal a dispute at the Fair Work Commission can be launched.

ACAPMA reminds members that they can access advice and support for this and other employment matters via employment@acapma.com.au