In the wake of the passage of the recent Industrial Relations Omnibus Bill it is a timely opportunity to remind Master Electricians about the Electrical Award’s existing casual provisions.

These rules relate to the general inclusion of casual conversion terms for workers. Casual conversion is the right of a worker to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process.

Update: Changes to award terms on casual conversion

Specifically, the casual conversion rules. The award provides as follows:

11.5 Casual conversion to full-time or part-time employment (emphasis added)

a) A casual employee, other than an irregular casual employee, who has been engaged by a particular employer for a sequence of periods of employment under this award during a period of 6 months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process.

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What this means for electrical contractors

The provisions of the Electrical Award are more generous than the 12 months set by the legislative changes. The six months set by the award applies instead of the 12 months.

b) For the purposes of clause 11.5(a), an irregular casual employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

c) Every employer of such an employee must give the employee notice in writing of the provisions of clause 11.5 within 4 weeks of the employee having attained such period of 6 months. The employee retains their right of election under clause 11.5 if the employer fails to comply with the clause.

d) Any such casual employee who does not within 4 weeks of receiving written notice elect to convert their contract of employment to full-time or part-time employment is deemed to have elected against any such conversion.

e) Any casual employee who has a right to elect under clause 11.5(a), on receiving notice under clause 11.5(c) or after the expiry of the time for giving such notice, may give 4 weeks’ notice in writing to the employer that they seek to elect to convert their contract of employment to full-time or part-time employment, and within 4 weeks of receiving such notice the employer must consent to or refuse the election but must not unreasonably refuse.

The Electrical Award has included these casual conversion rules since its introduction in 2010.

The provisions of subparagraphs c) and d) are also important to note. That the employee keeps the right to convert if the employer misses giving them notice. And the worker who fails to respond to the notice to convert is taken to have not accepted the offer.

Where the offer to convert has been rejected the worker does not have a right to request conversion. That does not prevent the employer and employee agreeing on converting to full or part time employment arrangements of their own initiative.

MEA’s recommendations

MEA recommends that members keep a record of their notice to casual workers and the workers response on their employment file, keeping it for the required period of seven years.

The Fair Work Commission (FWC) has advised that while it will hear casual conversion disputes it reminded employers and employees that every modern award and enterprise agreement has a dispute resolution clause.

These clauses include a step-by-step process for dealing with disputes about the terms of the award or agreement and in relation to the NES. Try to resolve the dispute at the workplace level first.

The Fair Work Ombudsman (FWO) will assist employees to make a small claims application to the Federal Circuit Court up to six years after the entitlement was due.

This type of claim might arise where, for example, an employer deliberately changes employee’s roster, so they do not meet the eligibility requirements for conversion.

Casual employees are also protected against adverse action by an employer because they have a workplace right to convert to permanent employment.

If you have any questions on the application of the casual conversion clause of the award, please contact the MEA Employer Relations team direct on 1300 889 198.