Monday, 1 October – New Award provisions for casuals take effect
ER
Friday, September 28, 2018
Monday, 1 October – New Award provisions for casuals take effect.

Casual minimum engagement period and casual conversion – Local Government Industry Award 2010

In Alert 16/2018 we invited feedback from Local Governments about the draft determinations to vary the Local Government Industry Award 2010 ( LGIA 2010) to include a casual conversion clause and a minimum engagement of two hours for casual employees.

We received a number of responses from WA Local Governments about the draft variation to insert a new clause 10.5(d) into the LGIA 2010 which provides for a two hour minimum engagement period for casual employees.

WALGA drafted a submission addressing the feedback received which highlighted the cost and operational implications of varying the LGIA 2010 to include a two hour minimum engagement for casual employees. 

The submission was filed with the Fair Work Commission ( FWC) on Thursday, 6 September and is available here

The Fair Work Commission in a decision dated Friday, 21 September 2018 (available here) has rejected WALGA’s submission to re-open any consideration of the merits of this matter at this stage of the Award Modernisation review.

Noting the above, the proposed variations to the LGIA 2010 will take effect from Monday,  1 October 2018. These variations will have an immediate effect on Local Governments who are covered by the LGIA 2010 and / or incorporate the terms of the LGIA 2010 into their enterprise agreements.
 
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, group fitness instructors, community service employees and cleaners;
     
  • implementing a project plan and consultation process for affected work areas to prevent casual employees being rostered for less than two hours, which may include provision of additional duties to make up the minimum time period;
     
  • undertaking a consultation process with long term regular casual employees to discuss converting to part-time employment if that is a strategy the Local Government would like to adopt. In accordance with the LGIA the Local Government will need to stipulate the hours and days of work for part-time employees in writing; and
     
  • undertaking financial modelling on how the two clauses to be added into the LGIA may affect your budget, operations and service delivery.
Important – action required : Local Governments who are covered by the LGIA 2010 and / or incorporate the terms of the LGIA 2010 into their enterprise agreements will also need to plan for and implement a process to ensure all existing casual employees, regular or not, are provided with a copy of the casual conversion provisions in the LGIA by 1 January 2019 and in the case of new casual employees within the first 12 months of the employee’s first engagement to perform work.  The finalised casual conversion provisions will be published on the FWC website on or around 1 October 2018.
 
Please contact WALGA Employee Relations with any questions regarding this alert on 1300 366 956 or email  WALGA Employee Relations.