News

Wednesday, 29 September 2021

TAFE claims casual conversion exemption


Last week the CPSU NSW issued a bulletin advising all casual staff at TAFE NSW that, if they meet the relevant criteria, they would likely be offered a conversion from casual to permanent employment as per a recent amendment made to the Fair Work Act 2009 (Cth).

Prior to sending out the bulletin, the CPSU NSW contacted TAFE NSW in order to check how the evaluation process was going. Your union understood it would take time for TAFE NSW to assess all possible candidates for conversion before the deadline imposed on employers offering casuals the opportunity to convert to permanent roles. The CPSU NSW was informed by TAFE NSW that this process was underway, and that it was likely offers would be made by 27 September 2021.

However, on Monday, the CPSU NSW met with TAFE NSW to discuss this process. TAFE NSW then advised it was exempt from the casual conversion amendments in the Act, and it would not be offering any conversions.

This is contrary to what TAFE NSW has consistently told the CPSU NSW. Up until as recently as last week, your employer said it was assessing which employees were eligible for conversion.

The CPSU NSW considers the actions of TAFE NSW extremely disappointing. By informing your union it was in an assessment process, it gave false hope to hundreds of casuals who were hoping to be converted from casual to permanent.

The CPSU NSW is now going to seek legal advice in relation to TAFE’s claims it is exempt from the new amendments to the Act.

What members can take away from TAFE NSW’s deceitful representations on casual conversion is their employer has no interest in ensuring those casuals who have worked hard to uphold TAFE NSW as a reputable educational institution are treated with respect in the workplace.

The CPSU NSW will keep all members updated, and will advise when we receive legal advice concerning TAFE NSW’s so-called exemption under the recent amendments. In the meantime, if you know of anybody who isn’t a union member but would like to join, they can join online at www.cpsunsw.org.au/join.