Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 66F

  (1)   A casual employee may make a request of an employer under this section if:

  (a)   the employee has been employed by the employer for a period of at least 12 months beginning the day the employment started; and

  (b)   the employee has, in the period of 6 months ending the day the request is given, worked a regular pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to work as a full - time employee or a part - time employee (as the case may be); and

  (c)   all of the following apply:

  (i)   the employee has not, at any time during the period referred to in paragraph   (b), refused an offer made to the employee under section   66B;

  (ii)   the employer has not, at any time during that period, given the employee a notice in accordance with paragraph   66C(3)(a) (which deals with notice of employer decisions not to make offers on reasonable grounds);

  (iii)   the employer has not, at any time during that period, given a response to the employee under section   66G refusing a previous request made under this section;

  (iv)   if the employer is not a small business employer--the request is not made during the period of 21 days after the period referred to in paragraph   66B(1)(a).

Note:   Nothing in this Subdivision prevents an employee from requesting to convert to full - time or part - time employment outside the provisions of this Division, or prevents an employer from granting such a request.

  (2)   The request must:

  (a)   be in writing; and

  (b)   be a request for the employee to convert:

  (i)   for an employee that has worked the equivalent of full - time hours during the period referred to in paragraph   (1)(b)--to full - time employment; or

  (ii)   for an employee that has worked less than the equivalent of full - time hours during the period referred to in paragraph   (1)(b)--to part - time employment that is consistent with the regular pattern of hours worked during that period; and

  (c)   be given to the employer.

Note:   If a request is accepted, the conversion to full - time employment or part - time employment has effect for all purposes (see section   66K).

  (3)   For the purposes of paragraph   (1)(b), in determining whether an award/agreement free employee has worked the equivalent of full - time hours, regard may be had to the hours of work of any other full - time employees of the employer employed in the same position as (or in a position that is comparable to) the position of the employee.