Unpaid Trust Distributions: ATO's Rulings vs. Recent AAT Decision and What It Means for 2023
It has long been the ATO’s practice to treat a trust’s unpaid present entitlements (“UPE”) to a company as a loan for th...
The Fair Work Commission Full Bench has ruled in favour of inserting a ‘casual conversion’ clause into 85 of the 88 Modern Awards that do not already contain such a clause. What are the implications for employers?
It is the view of the Fair Work Commission Full Bench that the Casual Conversion clause will address concerns relating to the permanency of employment - particularly casual employees who work regular or systematic part-time or full-time hours but remain casual employees.
The Casual Conversion Clause is expected to take effect sometime after August 2017.
The draft model Casual Conversion Clause provides for casual employees who have been employed for a period of 12 months or more, to request their casual employment converts to permanent full-time or part-time. The employer may only reject a casual employee’s request on ‘reasonable grounds’ and after discussion with the employee. If the request is rejected, the employer must provide in writing to the employee its reasons within 21 days of the request being made. If the employee does not accept the employer’s decision, then the matter is to be managed under the dispute resolution procedure in the relevant Modern Award.
The reasonable grounds on which an employer may reject a casual conversion to permanent employment include (but are not limited to):
Employers must also provide to their casual employees a copy of the Casual Conversion Clause within the first 12 months of their employment.
Now is the time to start thinking about what steps you will take to manage your casual workforce. How will you manage your first employee’s request to convert from casual to permanent full-time or part-time employment?
Thanks to the employment team at McCullough Robertson for helping us to get our heads around the implications of this decision.
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