Casual conversion letter template – Vehicle Award
Under the Vehicle Manufacturing, Repair, Services and Retail Award 2010 (the Vehicle Award), casual employees who have been working with you on a regular and systematic basis for more than 6 months must be advised in writing that they can elect to convert to full-time or part-time employment. You should read clause 13.3 of the Vehicle Award carefully before using this letter.You can use this letter to inform your employees that they can elect to convert their casual employment.
For more information, visit www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94.
Suggested steps for preparing a letter of casual conversion:
If at any time you need more information or assistance, call the Fair Work Infoline on 13 13 94 or visit www.fairwork.gov.au.
Step 1: Check your modern award
The terms and conditions of casual conversion will be contained in the casual employment clause of your modern award. You will need to familiarise yourself with these terms before consulting your employee.
Step 2: Create your casual conversion letter
When you have established that your employee fulfils the criteria to qualify for casual conversion, you will need to notify them in writing, and you can use this letter template to do this. This letter template has been colour coded to assist you to complete it accurately. You simply need to replace the red < > writing with what applies to your employee and situation.
Step 3: Meet with your employee and present them with the letter
Arrange time to meet with your casual employee to discuss the premise of casual conversion and why it is an entitlement. In this meeting you should also explain the timeframe they have to respond and what will happen next depending on their response. You should also request your employee to provide a written response advising of their decision about whether they have elected to convert or not.
Step 4: Record the outcome of the casual conversion offer
Whether your employee accepts or rejects the offer to convert to permanent employment, it is best practice to keep their written response with their other employment records, such as their letter of offer and hours of work records.
Print on your business letterhead
Date
Private and confidential
Insert employee’s full name
Insert employee’s residential address
Dear insert name
Letter of casual conversion
This letter is to inform you that as of <insert date> you have been employed casually by <insert company/partnership/sole trader name and the trading name of business> (the employer) on a regular and systematic basis for a period of 6 months.
In accordance with clause 13.3 of the Vehicle Manufacturing, Repair, Services and Retail Award 2010, you have the right to elect to convert your employment status to full-time or part-time. Please find a copy of the relevant clause attached to this letter.
As a full-time or part-time employee, you may receive a lower hourly rate of pay than a casual employee, and will be entitled to various additional conditions of employment including paid annual and personal leave. You can find out more about these minimum entitlements at www.fairwork.gov.au or by contacting the Fair Work Infoline on 13 13 94.
Please advise us in writing whether or not you elect to convert your employment to full-time or part-time. If you elect to convert your employment status it will be approved unless it is unreasonable for the business to do so. If you do not respond within 4 weeks of having received this letter, you will be deemed to have elected not to convert your employment status to full-time or part-time.
If you wish to convert your employment to full-time or part-time after receiving this letter or at any time in the future, you will need to provide at least 4 weeks’ notice in writing.
To advise of your decision whether to convert your status of employment, please provide a dated letter by insert date>.
Should you have any questions about this letter, please contact me on <insert phone number>.
Yours sincerely,
<Insert name>
<Insert position>
PLEASE KEEP A COPY OF THIS LETTER FOR YOUR RECORDS
Vehicle Manufacturing, Repair, Services and Retail Award 2010
13.3 Casual conversion to full - time or part - time employment
(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 six 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.
(b) Every employer of such an employee must give the employee notice in writing of the provisions of clause 13.3 within four weeks of the employee having attained such period of six months. The employee retains their right of election under clause 13.3(a) if the employer fails to comply with clause 13.3(b).
(c) Any such casual employee who does not within four 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.
(d) Any casual employee who has a right to elect under clause 13.3(a), on receiving notice under clause 13.3(b) or after the expiry of the time for giving such notice, may give four 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 four weeks of receiving such notice the employer must consent to or refuse the election but must not unreasonably so refuse.
(e) Once a casual employee has elected to become and been converted to a full - time or part - time employee, the employee may only revert to casual employment by written agreement with the employer.
(f) If a casual employee has elected to have their contract of employment converted to full - time or part - time employment in accordance with clause13.3(d), the employer and employee must, subject to clause 13.3(d), discuss and agree on:
(i) which form of employment the employee will convert to, being full - time or part - time; and
(ii) if it is agreed that the employee will become a part - time employee, the number of hours and the pattern of hours that will be worked, as set out in clause 12 - Part - time employment.
(g) An employee who has worked on a full - time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full - time employment and an employee who has worked on a part - time basis during the period of casual employment has the right to elect to convert their contract of employment to part - time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed on between the employer and employee.
(h) Following such agreement being reached, the employee converts to full - time or part - time employment.
(i) Where, in accordance with clause 13.3(d) an employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.
(j) Subject to agreement between the employer and the majority of the employees in the relevant workplace or a section or sections of it, or with the casual employee concerned, the employer may apply clause 13.3(a) as if the reference to six months is a reference to 12 months, but only in respect of a currently engaged individual employee or group of employees. Any such agreement reached must be kept by the employer as a time and wages record. Any such agreement reached with an individual employee may only be reached within the two months prior to the period of six months referred to in clause 13.3(a).
(k) For the purposes of clause 13.3, an irregular casual employee is one who has been engaged to perform work on an occasional, non - systematic or irregular basis.