Important Update – Local Government Industry Award 2010
ER
Monday, August 20, 2018
Important Update – Local Government Industry Award 2010

The Fair Work Commission (FWC) has handed down a decision, as part of the four yearly review of the modern Awards, in relation to casual conversion and minimum engagement for casual employees. 

From 1 October 2018 the Local Government Industry Award 2010 ( LGIA 2010), will:
  • include a casual conversion clause; and
  • include a minimum engagement of two hours for casual employees.
Casual Conversion

This clause will allow a regular casual employee who has worked, in the preceding 12 months, a pattern of hours on an ongoing basis to request conversion to part-time or full-time employment. The clause sets out the reasonable grounds for the refusal of such requests.

The casual conversion clause to be inserted into the LGIA 2010 has been modified to include the following provision, as an additional reasonable ground for refusal specific to Local Government:

Acceptance of the request by a local government would contravene a merit selection employment requirement contained in State or Territory legislation applicable to local governments.

The full clause can be found in the decision at paragraph 70.

Minimum Engagement casual employees

A provision for a two (2) hour minimum engagement for casual employees shall be added to the LGIA 2010. The provision will require that ‘a casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work’.

Further comment

The FWC will publish a draft determination consistent with the above clause wording and 7 days will be allowed for further comment. If you wish to provide any further comment in relation to the wording of these clauses, please email employeerelations@walga.asn.au as soon as possible with your comments or provide separate comment to the FWC directly.

To prepare for the changes, Local Governments need to consider:
  • Reviewing the current casual arrangements in place, including length of service and length of rostered shifts across the organisation;
     
  • Determining which groups of employees are likely to be affected by the proposed minimum engagement periods, such as: umpires, recreation instructors, personal care employees and casual employees attending staff meetings;
     
  • Preparing for how you may implement a process and procedure to assess requests from casuals for part-time and full-time employment;
     
  • Implementing a project plan and consultation process for affected work areas to prevent casuals being rostered for less than two hours, which may include provision of additional duties to make up the minimum time period; and
     
  • Undertaking financial modelling on how the two clauses may affect your budget, operations and service delivery.
Local Government’s that incorporate the terms of the LGIA 2010 into their enterprise agreements or are about to enter enterprise agreement negotiations will need to take these Award changes into account.

A copy of the Part-time employment and Casual employment decision can be found here.

Please contact WALGA Employee Relations with any questions regarding this alert on 1300 366 956 or email  WALGA Employee Relations