Casual employee entitlement to permanent part time

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Clapton

Well-Known Member
26 November 2015
18
0
71
Melbourne
Hi. I am employed on a casual basis 3 days a week and have been for the last 2 and a bit years. I’m quite happy with this except that I am currently trying secure a mortgage and am finding that my casual employment status is a real problem. I had broached the subject of being made permanent a while back and was advised that this would be possible but it would have to be on a full time basis. I’ve been told by various people that because I have worked the same 3 days for the entirety of my employment that I should be entitled to go permanent on those same 3 days. Is this correct?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,733
1,056
2,894
www.hutchinsonlegal.com.au
The employer offer must be consistent with the regular pattern of hours worked during the previous 6 months.

But small businesses (<15 employees) are exempt from offering casual conversions. However the employee can still request conversion, which a small business cannot unreasonably refuse.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,733
1,056
2,894
www.hutchinsonlegal.com.au
Unless there are sound business reasons.