EXPLAINED: Casual conversion – small claims procedure
The amendment act has introduced a new avenue to resolve some disputes about casual conversion.
What has changed
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
HR Tactics – HR Consultants Brisbane – Outsourced HR
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