From today, some casual mining workers will be able to ask their employers for permanent positions if they have worked in that job for 12 months.
The ruling by the Fair Work Commission allows casuals mining workers who have worked regular hours for at least one year to have their application for a permanent position taken seriously by their employer. Under the ruling, regular casual mining worker who has worked an average of 38 or more hours a week in the period of 12 months’ casual employment may request to have their employment converted to full-time employment.
While the employer has a right to refuse to make a position permanent, they must have reasonable grounds – such as not seeing your job being available in the next 12 months or if it would require a significant adjustment to your hours of work.
Under the Fair Work Commission rulings employers must have consulted with before not granting a casual mining worker a permanent position.
The Fair Work Commission was unable to provide a comment on the ruling, but did point out a clause relevant to asking your employer for information on moving from casual to permanent from today.
“An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of this sub-clause within the first 12 months of the employee’s first engagement to perform work,” the decision said.
“In respect of casual employees already employed as at 1 October 2018, an employer must provide such employees with a copy of the provisions of this subclause by 1 January 2019.”
You can find out more about how to apply for a permanent position on the Fair Work Commission website or contact the CFMEU.
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