1. Do employees need to serve additional notice periods when converting from casual employment to part-time/full-time employment?
As a casual employee, the period of service served can count towards the minimum employment period (probation period) if the employee was on a regular and systematic basis; and if the casual employee has reasonable expectation of ongoing employment on a regular and systematic basis.
The Fair Work Act 2009 s.384(2) also sets out the above information.
2. What is employment on a regular and systematic basis?
This is where a clear pattern or roster of hours shows a repetitive pattern. It does not mean that the hours worked are frequent, often, uniform or constant.
A systematic engagement requires a system, plan or method be established with the frequency of employment during a period of service.
Regular and systematic employment can also be established where the the employer has offered work at times that the employee has made themselves available. Work can also be offered and accepted regularly enough that it is no longer considered occasional or irregular.
3. What is a period of service for a casual employee?
A period of service is defined as each occasion an employee is engaged in a separate contract of employment. This can be week to week, shift to shift, hour to hour or for any agreed short period.
Employees period of service, rather than period of employment, are considered in cases of unfair dismissal. If you have a written agreement that the employee would serve an additional probation period, when converting to part-time or full-time employment, legally it would have no effect under the Fair Work Act 2009 s.384(2). The employees’ whole period of service would be considered and will count towards the period of continuous service.
Continuous service is established upon the regular and systematic basis of ongoing employment. If either party break the continuous service, they must make it clear to the other party that there will be no further engagements.
Absence for illness or injury does not break a period of continuous service.
More information can be found at:
- Fair Work Commission Unfair dismissals benchbook
- Fair Work Act 2009
- www.fairwork.com.au