Changes To Casual Employment Laws

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November 13th, 2018

Changes to Casual Employment Laws

From today, casual workers will be able to ask their employers for permanent positions if they have worked in that job for 12 months.

The ruling by the Fair Work Commission allows casuals who have worked regular hours for at least one year to have their application for a permanent position considered by their employer.

Your employer can still refuse your request to make your position permanent, but they'd need to have reasonable grounds - such as not seeing your job available in the next 12 months,or if it would require a significant adjustment to your hours of work, or sitting external variables such as, contractual obligations via services providers, clients & broader economy.

Your boss also has to have consulted with you before deciding not to grant you a permanent position.

Gerard Dwyer, the National Secretary for SDA - the union for retail, fast-food and warehouse workers - said the ruling is going to make a "world of difference to many workers".

"This creates a pathway to permanent work for those who haven't had that option in the past," Mr Dwyer said.

Casual work doesn't really have a legal definition in Australia, but it's widely considered to be employed where there is no paid annual leave or sick leave. The compensation is a 25% loading on the hourly rate, compared to a full-time employee co-worker/equivalent which varies significantly pending on the industry award or EBA that the employee falls under.

The Fair Work Commission was unable to provide a comment on the ruling but did point out a clause relevant to asking your employer for information on moving from casual to permanent from today.

You can find out more about how to apply for a permanent position on the Fair Work Commission website www.fairwork.gov.au