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Please note that this is general information & may not be relevant to your particular matter. This should not be taken as legal advice.
Casual employment usually attracts a higher rate of pay. However, casual workers have no guarantee of ongoing work. They also miss out on important benefits such as paid sick leave and annual leave. For this reason, casual workers may want to convert their employment to part time or full time employment. This is called casual conversion.
Your employer must offer you part time or full time employment if:
The offer must be in writing and state if you are being offered part time or full time employment. If the regular pattern of hours that you worked is equivalent to full time hours, your employer must offer you full time employment. If the regular pattern of hours that you worked is less than the equivalent of full time hours, your employer must offer you part time employment that is consistent with the regular pattern of hours worked during that period.
Your employer must give you the written offer no later than 21 days after your 12-month anniversary of employment. You must respond to the offer in writing within 21 days of receiving the offer. If you do not respond, it will be assumed that you have declined the offer.
Small business employers (less than 15 employees) do not have to offer conversion to part time or full time employment. However, small business employees still have a right to make a request to be converted to part time or full time employment.
Your employer may decide not to offer you part time or full time employment if there are reasonable grounds to do so. Reasonable grounds not to offer part time or full time employment include the following:
If your employer decides not to offer you part time or full time employment, they must notify you in writing no later than 21 days after your 12-month anniversary of employment. The notice must include details of the reason you were not offered part time or full time employment.
If your employer does not offer you part time of full time employment within 21 days of your 12-month anniversary, you can make a request to convert your employment to part time or full time employment.
Small business employers (less than 15 employees) do not have to offer conversion to part time or full time employment. However, if you work for a small business, you can make a request to be converted to part time or full time employment any time after your 12-month anniversary of employment.
You have a right to request to convert to part time or full time employment if:
Your request should be in writing and should specify that you are requesting to convert to part time or full time employment. Your employer must respond within 21 days of receiving your request.
Your employer cannot refuse your request unless:
Once your employer grants your request or you accept an offer for part time or full time employment, your employer must discuss with you and provide written notice specifying:
If your employer refuses to convert your employment and you believe there are no reasonable grounds to do so, you can challenge their decision.
If you are covered by an Award or Enterprise Agreement then you need to complete a Form 10. It can be found here https://www.fwc.gov.au/awards-and-agreements/awards/interpret-or-enforce-award
If you are not covered by an Award or Enterprise Agreement then you need to complete a Form 10A Application for the Commission to deal with a dispute about casual conversion. This can be found on the Fair Work Commission’s website on this link: https://www.fwc.gov.au/documents/documents/forms/form-f10a.pdf
This form will need to be emailed to Fair Work Commission. If you are in South Australia, you can send the email to adelaide@fwc.gov.au.