Right to request casual conversion: meat processing establishments
(a) A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time, part-time, daily hire or part-time daily hire employment.
(b) A regular casual employee is a casual employee who has over the preceding 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time, part-time or daily hire employee (including part-time daily hire employee) under the provisions of this award.
(c) A regular casual employee may request to have their casual employment converted to the category of non-casual employment corresponding to the pattern of hours the employee has worked over the period referred to in clause 15.14(b).
(d) Any request under this clause must be in writing and provided to the employer.
(e) Where a regular casual employee seeks to convert to full-time, part-time, daily hire or part-time daily hire employment, the employer may agree to or refuse the request. The request may only be refused on reasonable grounds and after consultation with the employee.
(f) Reasonable grounds for refusal may include:
(i) that it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time, part-time, daily hire or part-time daily hire employee in accordance with the provisions of this award - that is, the casual employee is not a true regular casual employee as defined in clause 15.14(b);
(ii) that it is known, or reasonably foreseeable, that the regular casual employee’s position will cease to exist within the next 12 months;
(iii) that it is known, or reasonably foreseeable, that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months, other than where daily hire is in operation and the reduction in hours is due to seasonal factors; or
(iv) that it is known, or reasonably foreseeable, that there will be a significant change in the days and times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.
(g) For any ground of refusal to be reasonable it must be based on facts that are known or reasonably foreseeable.
(h) 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 10. 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.
(i) Where it is agreed that a casual employee will have their employment converted to full-time, part-time, daily hire or part-time daily hire employment as provided for in this clause, the employer and employee must discuss and record in writing:
(i) the form of employment to which the employee will convert—that is, full-time, part-time, daily hire or part-time daily hire employment; and
(ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 13.3 where that provision is applicable, or otherwise the days the employee will be required to attend for work and the starting and finishing times for each such day.
(j) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.
(k) Once a casual employee has converted to full-time, part-time, daily hire or part-time daily hire employment, the employee may only revert to casual employment with the written agreement of the employer.
(l) 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.
(m) Nothing in this clause obliges a regular casual employee to convert to full-time, part-time, daily hire or part-time daily hire employment, nor permits an employer to require a regular casual employee to so convert.
(n) Nothing in this clause requires an employer to increase the hours of a regular casual employee seeking conversion to full-time, part-time, daily hire or part-time daily hire employment.
(o) An employer must provide a casual employee whether a regular casual employee or not, with a copy of the provisions of this clause 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 2018.
(p) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 15.14(o).
(q) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in paragraph 15.15(p)
Internal document reference: Meat Industry Award - Right to request casual conversion in meat processing establishments (00228695xD3595)