If you have worked regular casual shifts in certain industries in Australia for more than 12 months, you will now be able to request your employer and/or organisation to make you a permanent employee.
Several members of the Indian community work as casual workers in retail industry, hospitality industry and childcare industry. This new decision now empowers these casual workers to have a conversation with their boss about their job prospects.
In a landmark ruling by Fair Work Commission on Wednesday, casual workers won the right to demand a permanent full-time or part-time job after working with an organisation for 12 months, ABC reports.
Casual workers across various industries, ranging from hospitality to retail and childcare have won the right to ask their bosses to give them a full-time or part-time position.
All casual employees who have worked a pattern of casual shifts for 12 months have become qualified to demand a permanent position according to this new decision.
Several unions had called for the right to be available after just six months and also to increase the minimum number of daily hours to four, but these requests were rejected.
In its decision on Wednesday, the Fair Work Commission said, "If the casual employment turns out to be long-term in nature, and to be of sufficient regularity ... then we consider it to be fair and necessary for the employee to have access to a mechanism by which the casual employment may be converted to an appropriate form of permanent employment."
This decision will apply to 88 modern awards.
Can an employer refuse?
Employers will be able to refuse the request if the change requires substantial alteration in the worker's hours to accommodate them as a permanent staff member or if they foresee their position would no longer exist in the next 12 months.
Who is a casual worker in Australia?
According to the information available on Fair Work Ombudsman website,
A casual employee:
- has no guaranteed hours of work
- usually works irregular hours (but can work regular hours)
- doesn't get paid sick or annual leave
- can end employment without notice, unless notice is required by a registered agreement, award or employment contract.
How is casual different to full-time or part-time?
Full-time and part-time employees have ongoing employment (or a fixed-term contract) and can expect to work regular hours each week. They are entitled to paid sick leave and annual leave.
Full-time and part-time employees must give or receive notice to end the employment.
What do casual employees get?
Casual employees are entitled to:
- a higher hourly pay rate than equivalent full-time or part-time employees. This is called a 'casual loading' and is paid because they don't get benefits such as sick or annual leave
- 2 days unpaid carer's leave and 2 days unpaid compassionate leave per occasion
- unpaid community service leave.
