01_QHA_July_Online

Joanna Minchinton
EMPLOYMENT RELATIONS
An example of (d) would be where a casual
employee works 6 hours on average per week. As
per the Hospitality Industry (General) Award 2020
(the ‘HIGA’) the minimum hours for a part-time
employee is 8 per week. In this situation conversion
cannot be offered because it would not comply with
the part-time provisions of the HIGA.
Making the offer to convert
Where the employer has made an assessment,
the casual employee is eligible and there are
no reasonable grounds preventing an offer of
conversion, an employer must provide the offer
in writing within 21 days of the employee having
attained 12 months of casual service.
The offer is only made once, not every 12 months of
service.
An offer is either to convert to full-time employment,
or to convert to part-time employment.
In determining which is appropriate, an employer
needs to look at the hours of work the casual
employee has been working in the six months of
employment immediately prior to the assessment.
The offer then needs to reflect:
• full-time employment, if the hours have been
the same as full-time hours i.e. 38 ordinary
hours per week; or
• part-time employment, if the hours worked have
been as per a pattern or regular hours for less
than 38 hours per week.
An employee must give their employer a written
response to an offer of casual conversion within 21
days after the date the offer is given. This response
must state whether the employee accepts or
declines the offer.
If an employer does not receive a written response
within that timeframe, the employee is taken to have
declined the offer.
If an employee accepts the offer to convert
If the employee accepts the offer, the employer must
give written notice to the employee, within 21
days after the day the acceptance is given to the
employer. That notice must specify the following:
(a) whether the employee is converting to full
time employment or part time employment;
(b) the employee’s hours of work after the
conversion takes effect;
(c) the day the employee’s conversion takes
effect. This must be the first day of the
employee’s first full pay period that starts
after the day the notice is given - unless the
employee and employer agree to another day.
Prior to giving notice with the above details, the
employer must discuss those details with the
employee. Discussion would also involve, for
example, the change in the base rate of pay, given
the casual loading is no longer payable.
In addition to the notice required, an employer
should issue an employee who accepts conversion
with a new employment contract that reflects the
change of employment type.
Transition Period
There is a transition period for existing casual
employees, that is, casuals who were employed as
at 27 March 2021.
For those casual employees:
• employers have until 27 September 2021 to
assess whether to make an offer or 21 days
after the 12-month anniversary of an employee,
whichever date occurs later;
• employers must advise them if they are not
eligible for an offer to convert by 27 September
2021 within 21 days of making that assessment.
This advice must be in writing.
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QHA REVIEW | 35