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Award Modernisation – Fair Work Commission

December 4, 2018

Over the last few weeks there have been a number of changes made to many modern awards as part of the Award Modernisation process. Here are a couple which we think would be of particular interest to Small Business owners.

Casual Conversion Rights

Casual conversion is the transfer of an employee’s employment status from casual to permanent.

A modern conversion cause has now been inserted into all modern awards where such provisions did not previously exist.

To be eligible to request casual conversion, a casual employee must have worked for a period of 12 months or more; and worked a pattern of hours on an ongoing basis, which the employee could continue to perform as a full-time employee or part-time employee (as applicable), without significant adjustment.

The right is not automatic and an employer can refuse the request as long as

  • there are reasonable grounds to do so;
  • they have consulted with the employee; and
  • the refusal is put in writing within 21 days of the request being made.

Employers should review the Award which applies to their workplace to determine how a request for casual conversion must be managed.

Employers have an obligation to notify existing employees of their casual employment rights by 1 January 2019, and any new employees within the first 12 month of their employment.

It is recommended that employers put in places processes and make to ensure compliance with casual conversion clause requirements.

Copies of Awards can be found on the Fair Work Commission website

Request for flexible work arrangements

Some changes have been made to clauses in all modern awards regarding how such request are to be evaluated, employees consulted, as well as an employee’s disputation rights

A good explanation of Requests for flexible working arrangement together with examples can be found here


Please contact Integrity One if we can assist you with this or any other business or financial matter.

Phone: (03) 9723 0522

Suite 2, 1 Railway Crescent
Croydon, Victoria 3136

Email: integrityone@iplan.com.au

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This information is of a general nature and does not take into consideration anyone’s individual circumstances or objectives. Financial Planning activities only are provided by Integrity One Planning Services Pty Ltd as a Corporate Authorised Representative No. 315000 of Integrity Financial Planners Pty Ltd ABN 71 069 537 855 AFSL 225051. Integrity One Planning Services Pty Ltd and Integrity One Accounting and Business Advisory Services Pty Ltd are not liable for any financial loss resulting from decisions made based on this information. Please consult your adviser before making decisions using this information.

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Integrity One Planning Services Pty Ltd (ABN 59 125 846 933) is a Corporate Representative (315000) of Integrity Financial Planners Pty Ltd (AFSL No. 225051).