Can Casual Workers Really Ask to be Made Permanent After 12 Months? Here's the Low-Down on Fair Work's Ruling

This week the Fair Work Commission (FWC) ruled in favour of giving casual workers the right to request permanent employment after 12 months of regular employment.

At face value, this sounds great for many long-term casual employees who have been hoping to gain permanent part-time or full-time employment.

But, alas, if a thing sounds too good to be true, there’s a chance it might be. We'll explain what this now means for casual workers.

I’ve been working the same shifts for more than a year, can I become part-time now… please?

Maybe. The wording is very clear. You may request, but you are not entitled to permanent employment. 

First of all, you need to have had regular shift times throughout your employment without "significant adjustment." This means working a particular day and shift times on a weekly basis rather than working six days for one week and then only two or three days for the next week.

The request, however, can be refused on the following basis:

• Their position will foreseeably cease to exist.
• The employer will have to adjust their hours considerably to accommodate for the applicable modern award.
• The hours for the role will be reduced in the foreseeable future.

Which basically means that your employer can reduce your hours and thrust you into the abyss that is eternal casual work.

While it gives casual workers an incy wincy bit more in the way of options, the FWC's ruling is largely considered to be in favour of employers. The Australian Industry Group's chief executive Innes Willox has praised the ruling.

"[Employers have] retained the right, despite union claims, to refuse requests for staff members to move from casual to permanent under reasonable circumstances, given the conditions and circumstances of the business," Willox said. 

Is permanent employment better than casual?

This is definitely a preference thing because there are benefits and disadvantages to both sides. Permanent work can be a relief for many who prefer the ease of having the same working hours and pay each week. Other great benefits include having sick leave, holiday leave and other entitlements that many casual employees miss out on.

On the casual side of the fence, there are also some great benefits such as far more flexibility over working hours and higher hourly wages. There are an equal amount of setbacks as well such as not being paid when taking a sick day and the stress of maintaining regular hours and shifts.

Willox thinks that many prefer to continue working casual over permanent employment anyway.

"They also receive a loading for working as a casual and they would lose that earning and some of their flexibility rights if they were to become permanent," Willox said.

The good news is that the ruling is just a draft at this point and won't go into law until later in the year. This means that the unions and other parties are able to submit any changes which will be considered before coming into force.

At the end of the day, it's not the worst ruling that the FWC has made. Just remember, they're the same ones who introduced those damn penalty rate cuts. While it's no real consolation, it could always be worse.

Photo: iStock