|FAIR WORK COMMISSION|
Fair Work Act 2009
cl.48 of Schedule 1—Variations to modern awards
Casual terms award review 2021
MEAT INDUSTRY AWARD 2020
VICE PRESIDENT HATCHER
SYDNEY,27 SEPTEMBER 2021
Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 –casual amendments –review of modern awards –Meat Industry Award 2020 –award varied.
A. Pursuant to clause 48 of Schedule 1 to the Fair Work Act 2009 and the decision issued by the Full Bench on 27 September 2021 [ FWCFB 6008],the above award is varied as follows:
1. By inserting the following definition in clause 2 in alphabetical order:
2. By inserting the following definition in clause 2 in alphabetical order:
4. By inserting clause 11.11 as follows:
11.11 If a daily hire employee falls within the definition of ‘casual employee’in clause 2,the employee shall have an entitlement under this award to the following NES benefits as if the employee was not a casual employee:
(a) Annual leave as provided for in Division 6 of Part 2-2 of the Act (despite clause 25.1 of this award);
(b) Paid personal/carer’s leave as provided for in Subdivision A of Division 7 of Part 2-2 of the Act;
(c) Public holidays as provided for in Division 10 of Part 2-2 of the Act;and
(d) Redundancy pay as provided for in Subdivision B of Division 11 of Part 2-2 of the Act.
5. By deleting clause 12.1 and inserting the following:
6. By deleting clauses 12.4 and 12.8.
7. By renumbering clauses 12.5 to 12.7 as clauses 12.4 to 12.6.
8. By renumbering clauses 12.9 to 12.13 as clauses 12.7 to 12.11.
9. By deleting renumbered clause 12.10 and inserting the following:
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
NOTE:Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 34—Dispute resolution.
10. By deleting renumbered clause 12.11 and inserting the following:
(a) A person engaged by a particular employer as a regular casual employee in a meat processing establishment may request that their employment be converted to daily hire or part-time daily hire employment.
(b) A regular casual employee for the purpose of subclause 12.11 is a casual employee employed in accordance with clause 12 who has over the preceding 12 months worked a pattern of hours on an ongoing basis which,without significant adjustment,the employee could continue to perform as a full-time,part-time or daily hire employee (including part-time daily hire employee) under the provisions of this award.
(c) A regular casual employee may request to have their casual employment converted to the category of daily hire employment corresponding to the pattern of hours the employee has worked over the period referred to in clause 12.11(b).
(d) Any request under clause 12.11 must be in writing and provided to the employer.
(e) Where a regular casual employee seeks to convert to daily hire or part-time daily hire employment,the employer may agree to or refuse the request. The request may only be refused on reasonable grounds and after consultation with the employee.
(f) Reasonable grounds for refusal may include:
(i) that it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a daily hire or part-time daily hire employee in accordance with the provisions of this award –that is,the casual employee is not a true regular casual employee as defined in clause 12.11(b);
(ii) that it is known,or reasonably foreseeable,that the regular casual employee’s position will cease to exist within the next 12 months;
(iii) that it is known,or reasonably foreseeable,that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months,other than where daily hire is in operation and the reduction in hours is due to seasonal factors;or
(iv) that it is known,or reasonably foreseeable,that there will be a significant change in the days and times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.
(g) For any ground of refusal to be reasonable it must be based on facts that are known or reasonably foreseeable.
(h) Where the employer refuses a regular casual employee’s request to convert,the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made.
(i) If the employee does not accept the employer’s refusal,this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 34—Dispute resolution. Under that procedure,the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.
(j) Where it is agreed that a regular casual employee will have their employment converted to daily hire or part-time daily hire employment as provided for in clause 12.11,the employer and employee must discuss and record in writing the form of employment to which the employee will convert—that is,daily hire or part-time daily hire employment.
(k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.
(l) Once a regular casual employee has converted to daily hire or part-time daily hire employment,the employee may only revert to casual employment with the written agreement of the employer.
(m) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage),or have their hours reduced or varied,in order to avoid any right or obligation under clause 12.11.
(n) Nothing in clause 12.11 obliges a regular casual employee to convert to daily hire or part-time daily hire employment,nor permits an employer to require a regular casual employee to so convert.
(o) Nothing in clause 12.11 requires an employer to increase the hours of a regular casual employee seeking conversion to daily hire or part-time daily hire employment.
(p) An employer must provide a casual employee employed in accordance with clause 12,whether a regular casual employee or not,with a copy of the provisions of clause 12.11 within the first 12 months of the employee’s first engagement to perform work.
(q) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 12.11(p).
11. By deleting the words “regular and systematic casual employee”appearing in clause 16.4(c) and inserting “regular casual employee”.
12. By updating the cross references accordingly.