Casual conversion – small claims procedure

EXPLAINED: Casual conversion – small claims procedure

The amendment act has introduced a new avenue to resolve some disputes about casual conversion.

What has changed 

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The resolution of disputes around casual conversion used to be dealt with by the fair work commission only but now the employee has an alternative option of filing in the federal circuit court as well. 

So in practice – if the parties cannot resolve the dispute themselves, either party can refer the dispute to the fair work commission (FWC). The act then provides that the FWC must deal with the dispute (including by mediation, conciliation, making a recommendation or expressing an opinion) and, if the parties agree, by arbitration.  

So that means that the FWC can only make a binding decision about an employer’s refusal to convert an employee to permanent employment if the employer agrees to have the matter heard by the commission.    

So from there, if an issue remains unresolved and the parties do not have agreement that the FWC can arbitrate, then the employee can now file in the federal circuit court. 

What to do now 

Nothing.

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This information was provided with the intention of helping you find more clarity, confidence and peace of mind as you navigate your own journey as an employer. I would love to hear your thoughts on this, and if you think someone else would enjoy it please feel free to share it on.


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About The Author
Jackie Strachan

Jackie Strachan

Jackie’s passion for creating better Human Resources outcomes stems from over 20 years’ experience in the field and a drive for finding innovative solutions.
Her HR career has seen her hold both operational and strategic HR management roles across a vast array of industry sectors including retail, financial services, child protection, professional services, dental, state emergency services, Department of Justice, agency recruitment and IT.
Combining her experience in each specialised area of Human Resources (such as learning & development, recruitment, WHS and employee relations etc), Jackie leads HR Tactics with an industry-respected foundation of knowledge.