Friday, 9 December 2022

TAFE casual conversion win

As you may be aware, the CPSU NSW took TAFE to the Fair Work Commission over its refusal to convert eligible casual employees to permanent employees per the recent amendments to the Fair Work Act 2009 (Cth).

The CPSU NSW won this dispute, and has been waiting to see whether TAFE intended on appealing the decision, or whether it was going to accept it and therefore make offers of permanent employment to eligible casual employees.

TAFE has informed the CPSU NSW that they will accept the decision and not appeal it. This is a huge win, and will result in secure employment for a large number of casuals across TAFE.

What this means is that TAFE is legally required to make written offers of permanent employment to casual employees who:

  • Have been employed with TAFE for a period of 12 months beginning the day the employment started; and
  • Have worked a regular pattern of hours during the past six months of that period on an ongoing basis which, without significant adjustment, would be ongoing.

TAFE has advised the CPSU NSW that it intends to undertake a review of the casual workforce covered by the TAFE Commission of NSW Administrative, Support and Related Employees Enterprise Agreement, with the intention of making offers to eligible employees. The CPSU NSW anticipates that this will occur towards the start of next year, but will keep members informed of any new developments as they arise.

In the meantime, if you have any questions regarding the above, please contact the CPSU NSW on 1800 772 679.