You may already be aware that unions fought for and won changes to the Fair Work Act so employers must offer permanent employment to long term casual employees in certain circumstances.
That includes workers employed casually through a labour hire agency.
There are more than 1000 workers in DVA employed on labour hire contracts, as at June 2021.
Any worker employed before 27 March 2021 must be assessed by their employer before 27 September 2021 for an offer of an ongoing role. If you work for a labour hire company, your employer (ie, the labour hire agency) must offer you a permanent position if you are eligible.
The criteria for permanency
This means if you meet the criteria (12 months’ service and you work a regular pattern of hours) and there are no other grounds to refuse permanency, then your employer must offer you a permanent position.
While this appears to be good news, it can be complicated and we are hearing some reports of agencies trying to get around these by saying workers do not have a regular pattern of hours.
Your employer has legal obligations
- All casual employees employed before the 27 March 2021 must be assessed by their employer (ie, the labour hire agency) and a decision made about whether they will be offered an ongoing role or not.
- Casuals who were employed before 27 March 2021 will receive a notice from their employer no later than 27 September 2021 about whether they are being offered an ongoing role or not.
- If you have not yet received a letter you may want to write to your labour hire agency.
CPSU members can get advice and support. If you receive a letter and want help understanding if it’s accurate or you believe you should be offered permanency; get in touch.
Please email [email protected] and include all relevant details, including:
- a copy of any notice or advice you’ve been given,
- the date you started with your employer,
- any information you have about how regular your shifts and hours are, and
- any other information you think might be useful.
As a union, we work together to provide advice and support to members every step of the way.