For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. Where the employer refuses a regular casual request to convert, the employee’s employer must provide the casual employee with the reasons for employer’s refusal in writing within 21 days of the request being made. If the employee does not accept the refusal, this will constitute a dispute that will be employer’s dealt with under the dispute resolution procedure in clause 9. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause, the employer and employee must discuss and record in writing: the form of employment to which the employee will convert that is, – full-time or part-time employment; and if it is agreed that the employee will become a part-time employee, the matters referred to in clause 10.3(b). The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of the employer. A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. Nothing in this clause obliges a regular casual employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert. Nothing in this clause requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of this subclause within the first 12 months of the first engagement to perform work. In respect of employee’s casual employees already employed as at 1 October 2018, an employer must provide such employees with a copy of the provisions of this subclause by 1 January 2019. A casual right to request to convert is not affected if the employer employee’s fails to comply with the notice requirements in paragraph (p).
For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. Where the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 9. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause, the employer and employee must discuss and record in writing: the form of employment to which the employee will convert – that is, full-time or part-time employment; and if it is agreed that the employee will become a part-time employee, the matters referred to in clause 10.3(b). The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of the employer. A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. Nothing in this clause obliges a regular casual employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert. Nothing in this clause requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of this subclause within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018, an employer must provide such employees with a copy of the provisions of this subclause by 1 January 2019. A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in paragraph (p).