With 1 January 2019 introducing new obligations for employers of casual workers, ‘sleepwalking’ through the holiday period could expose your business to potential fines – especially when long-term casuals are on the books.
Step 1: Provide new and existing award-covered employees with a copy of the causal conversion clause by 1 January 2019
Ensure you read the award that applies to your employees carefully. Once you’re familiar with the award, you can then notify them of the causal conversion clause using our Notification of Casual Conversion Clause letter.
If you’re unsure whether your employees are covered by a modern award and what applies to them, contact our Workplace Advice Line.
Step 2: Respond to any casual conversion requests
Respond to any requests to convert to permanent employment in writing within 21 days to accept or reject the employee’s request for conversion.
You can only reject a request convert to permanent in accordance with the terms of the relevant award.
Step 3: Review your existing workforce
Review the use of casual employment in your business, particularly where the arrangement involves long-term, regular work patterns.
For those employees, consider offering a conversion to permanent employment to protect your business using the templates here.
Step 4: Update your employment contracts
You can use our Contract of Employment template
to ensure you clearly define casual loading provisions and set-off clauses to maximise your ability to recover any payments, should the casual employee later seek to claim unpaid leave entitlements.
Step 5: Document the casual conversion process
Throughout the process, it’s best practice to document the conversations and keep all written responses with their other employment records, such as their contract of employment and hours of work records.
For more information on the causal conversion process, please visit HR Advance.