The Law Handbook 2024

1056 Section 11: Rights, activism and fair treatment at work a the employee has been employed by the employer for a period of 12 months; and b during at least the last six months of that period, the employee has worked a regular pattern of hours on an ongoing basis that, without significant adjustment, the employee could continue to work as a full-time employee or a part-time employee (as the case may be). Reasonable grounds for deciding to not make an offer of casual conversion include where: – the employee’s position will cease to exist in the 12 months after the time of deciding to not make the offer; – the hours of work that the employee is required to perform will be significantly reduced in that period; – there will be a significant change in the days or times that the employee’s hours of work are required to be performed that cannot be accommodated within the days or times the employee is available to work during that period; and – making the offer would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a state or territory. 4 Employees are entitled to parental leave and related entitlements of, among other things, up to 12 months of unpaid parental leave to care for a child (ss 67–85 FW Act). 5 Employees are entitled to four weeks of annual leave accrued for each year of full-time service or five weeks for shift workers, as defined in the FW Act (ss 86–94). 6 Employees are entitled to leave in the following circumstances defined in the FW Act (ss 95–107): – personal or carer’s leave of 10 paid days per year with the possibility of further unpaid days (personal or carer’s leave is unpaid for casual employees); – compassionate leave of two paid days for each permissible occasion (compassionate leave is unpaid for casual employees); and – family and domestic violence leave of 10 paid days per year, which is accrued in full at the start of each 12 month period of the employee’s employment, but does not accumulate from year to year. This applies to casual employees as well as full-time and part- time employees and covers employees assisting a close relative (s 106A). 7 Employees are entitled to community service leave to undertake community service, such as volunteering for a fire-fighting body. Types of community service and circumstances are defined in the FW Act (ss 108–112). 8 Employees are entitled to long service leave when they have worked for the same employer (or in some cases, in the same industry) for a long time. The minimum service period before an employee can take long service leave is outlined in state legislation, awards or enterprise agreements (s 113 FW Act). 9 Employees are entitled to be absent from work on the public holidays specified in the FW Act, unless the employer makes a reasonable request for an employee to work and the employee does not have a reasonable basis for refusing (ss 114– 116 FW Act). 10 Employees are entitled to receive notice of termination or pay in lieu of notice. Employees are also entitled to redundancy pay if an employee’s employment is terminated: a at the employer’s initiative because the employer no longer wants the job of the employee done by anyone, except where this is due to the ordinary and customary turnover of labour; or b because of the employer’s insolvency or bankruptcy. Periods of notice of termination or pay in lieu and redundancy pay are calculated as shown in the tables below (ss 117–123 FW Act). 11 An employer must provide a Fair Work Information Statement and (in the case of casual employees) a Casual Employment Information Statement to each of their employees (ss 124– 125B FW Act). Notice of termination or pay in lieu Employee’s period of continuous service with the employer at the end of the day the notice is given Period Not more than 1 year 1 week More than 1 year but not more than 3 years 2 weeks More than 3 years but not more than 5 years 3 weeks More than 5 years 4 weeks Note: The period of notice is increased by one week if the employee is over 45 years old and has completed at least two years of continuous service with the employer.