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Fabsteel
01-03-2012, 12:51 PM
We are a steel fabrication workshop and our modern award states that after 6 months we have to offer full time status if they have been working continuously for that period but they have the right to stay casual if they prefer

The Bosses have indicated that they would like to change this time period to one month and do it automatically. they know that at least one other company does this after 2 weeks.

I have pointed out that the award states it is the choice of the employee whether they wish to change status and I don't think it can be done automatically but the bosses say if it part of the employment offer and contract that they sign then they have agreed.

Any thoughts on this would be appreciated?

belinda
01-03-2012, 02:52 PM
If it is part of the employment contract than then you should not hav any problem, but you also need to ensure the candidate is aware of this. You would then also need to discuss with them what the offer is as a casual and then what it is as a permenant employee. As some employee prefer to stay casual.

Cottoneyes
01-03-2012, 03:04 PM
I would think most casuals would want to become full time or at least permament, as then they have some protection. As a casual you only need to give them one shift notice to terminate them (asuming they are a true casual) for a start.

It might be the employee's choice in the award, but how many do you envisage would not want to take up the permament option?

Also, do you get their 'preference' to stay casual in writing to protect yourself in the future?

Neb-Maat-Re
02-03-2012, 06:46 AM
I'd say you would have no problems shortening the period, as you are offering them better-than-award conditions.

You might have a problem with making the process automatic if if you did put it in the contract, as you are effectively taking away a choice.

I agree most employees would probably prefer to be full-time, but some do like the extra cash that comes with casual. We recently had one highly paid professional who tried to stay on casual rates despite working full-time because he wanted the money and didn't care about holidays.

I think you'd need to be careful how you worded it in the contract - they'd need to be aware they were forgoing a choice. I'd be inclined to shorten the period but still leave the offer to convert as a separate choice.

Tasman McManis
02-03-2012, 09:06 AM
The other issue I would be looking at carefully is the person's performance. Two weeks is a very short period to review performance. The old adage "hire slowly and fire quickly" is worth keeping in mind given the difficulties that can arise when seeking to terminate an employee.

Fabsteel
07-03-2012, 06:16 PM
Thanks for the comments everyone

I certainly will look into the offer of acceptance from casual to fulltime or the refusal of the offer so it is on record.
Believe it or not quite a few refuse to go full time as they will lose money so they say and they don't regard the protection of full time as a benefit even after it is all explained to them.

Moz
07-03-2012, 06:38 PM
Do the casual employees fully understand their situation?

Do they understand that the reason they are paid more is because they do not get paid for public holidays, sick/personal leave, long service leave or annual leave?

Nor do they have any job security at all as a casual employee and are not eligible for redundancy.

Or are they "angling" to be deemed as permanent at some stage in the future because they have been "casuals" for a long time?

Which incidentally, may not be beyond the realms of possibility.

Fabsteel
08-03-2012, 12:16 PM
Yes Moz we explain it to them re benefits but some still believe they are better off casual with the money in their pocket than the holidays/personal leave etc.

One of the reasons I will be implementing the offer documentation so I have some record of the refusal of full time employment on file. Though I do wonder whether they will still be classed as permanent due to the period employed and whether the fact we made the offer of full time and the employee refused will be taken into account.
We do have some casuals who have been here for years and have refused offers of Full time employment. Others stay a year then give a day's notice and start with another employer but return within a couple of months.
So the cycle begins again.

HeyPete
22-03-2012, 10:13 AM
Casuals will not be deemed permanent nor be entitled to permanent employee benefits if they have refused an offer to be become a permanent employee.

(until new case law proves otherwise)