Guidelines to convert
casual TAFE Teachers to
non-casual employment
1.
Purpose
The purpose of these guidelines is to outline the process for eligible casual/sessional TAFE
Teaching staff that wish to request a conversion to non-casual employment as set out in the
Victorian TAFE Teaching Staff Multi-Business Agreement (MBA) 2009.
2.
Scope
The guidelines apply to TAFE Teachers who are engaged casually/sessionally and who meet
either of the eligibility criteria pursuant to clause 13.13 of the MBA (see below also).
3.
General information
Clauses 13.7-13.11 of MBA 2009
13.7
An employee must not be engaged and re-engaged nor have his/her hours reduced in
order to avoid any obligation under this clause.
13.8
Upon appointment, the employer shall advise a casual employee that, after serving
qualifying periods, casual employees may have a right to apply for conversion and a
copy of the conversion provisions of this agreement shall be made available to such
employees.
13.9
The employer shall also take reasonable steps from time to time to inform casual
employees of the conversion provisions of this agreement.
13.10 An eligible casual employee may apply in writing for conversion to non-casual
employment in accordance with the conversion provisions of this agreement.
13.11 The ICC as described in Clause 9 will monitor the implementation of this clause. To
facilitate this monitoring, the employer shall provide to the ICC relevant data no less
frequently than 12 months.
4.
Eligibility for conversion
Clauses 13.12-13.13 of MBA 2009
13.12 To be eligible to apply for conversion, a casual employee must be employed on a regular
and systematic basis in the same or a similar and identically classified position in the
same department (or equivalent), either:
(a)
over the immediately preceding period of 12 months and in those immediately
preceding 12 months the average weekly hours worked equalled at least 50% of
the ordinary weekly hours that would have been worked by an equivalent full-time
employee (e.g. 400 Teaching duty hours – TDH); or
(b)
over the immediately preceding period of at least 24 months.
13.13 For the purposes of this clause occasional and short-term work performed by the
employee in another classification, job or department shall not:
(a)
affect the employee's eligibility for conversion;
(b)
be included in determining whether the employee meets or does not meet the
eligibility requirements.
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CRICOS Provider No. 00103D
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Current Version:
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Guidelines to convert
casual TAFE Teachers to
non-casual employment
5.
Application for conversion
Clause 13.14 of MBA 2009
13.14 The employer shall not unreasonably refuse an application for conversion. However, it
may refuse an application on reasonable grounds. Reasonable grounds include, but are
not limited to, the following:
(a)
the employee is a student, or has recently been a student, other than where
her/his status as a student is irrelevant to his/her engagement and the work
required;
(b)
the employee is a genuine retiree;
(c)
the employee is performing work which will either cease to be required or will be
performed by a non-casual employee, within 26 weeks (from the date of
application);
(d)
the employee has a primary occupation with the employer or elsewhere, either as
an employee or as a self-employed person;
(e)
the employee does not meet the essential requirements of the position; or
(f)
the work is ad hoc, intermittent, unpredictable or involves hours that are irregular.
Please note: It is important to keep in mind when requesting conversion to a continuing contract that it may not be
possible in some circumstances, and therefore a fixed-term contract may be more appropriate.
6.
Offer of non-casual employment
Clauses 13.15-13.17 of MBA 2009
13.15 The employer must determine an application for conversion either by offering conversion
to non-casual employment or by rejecting the application. If the employer rejects the
application, it must provide written reasons for rejecting it. If the application is accepted,
the employee will be offered a non-casual position.
13.16 Conversion may be to either an ongoing or fixed term appointment in accordance with
clause 13 of the Award [AP816514]. The offer of conversion shall indicate the hours and
pattern of work which, subject to due consideration of the employer's operational
requirements and the desirability of offering the employee work which is as regular and
continuous as is reasonably practicable, shall be consistent with the employee's casual
engagement. The conversion offer shall also constitute (and include such other details
as are required for) an instrument of engagement under clause 12 of this Agreement.
13.17 Employees converted under this clause will not have their casual service count as
service for the purpose of calculating any other existing entitlements except for:
(a)
long service leave, in so far as the casual service with the employer would count
for the purposes of any qualifying period for long service leave, but would not give
rise to any paid leave entitlement in respect of that casual service; and
(b)
any applicable unpaid parental leave; and
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Guidelines to convert
casual TAFE Teachers to
non-casual employment
(c)
Subject to meeting the qualification requirements of Schedule 5 and clauses 19.3.1
and 19.3.2 of this Agreement, where a casual employee is converted to a fixedterm or ongoing position by the employer each 400TDH casual prior service with
the employer shall be recognised as one increment when establishing the
commencing salary.
Note: Prior casual/sessional service only from the 17/06/2009 (the date in which the MBA 2009
become operational) will be recognised for the purposes of qualifying for long service
leave.
7.
Conversion process
7.1
The casual/sessional employee applies in writing to their Head of Department/Supervisor
requesting a conversion to non-casual employment.
7.2
The HOD/Supervisor must ensure the casual/sessional employee meets the eligibility criteria as
set out under clause 13.12 of the MBA (2009). If unsure, please contact Human Resources for
further clarification.
7.3
The HOD/Supervisor completes the Request to Convert to Non-Casual Employment Form
(available from Human Resources, Forms and Templates). HOD/Supervisor must ensure all
required documentation is attached including:

The employees request to convert to non-casual employment;

A detailed memo/business case from the HOD/Supervisor outlining all the evidence in
support of the employees application;

Documentation demonstrating employee meets eligibility criteria (i.e. copies of
casual/sessional contracts);

Employees resume;

Position description;

Signed ‘as sighted’ copies of the employees qualifications;

Signed ‘as sighted’ copy of the employees valid right to work; and

Signed ‘as sighted’ copy of the employees Working With Children Check/Victorian Institute
of Teaching (VIT) card (if applicable).
7.4
The Head of Department/Supervisor forwards the request form and all supporting
documentation to their Executive Dean/Director for approval.
7.5
If approved by Executive Dean/Director, the form and supporting documentation needs to be
then forwarded to Human Resources to assess and ensure all documentation is attached.
7.6
Human Resources shall then liaise with the Deputy Vice-Chancellor (Academic) and Finance to
obtain final approval.
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Guidelines to convert
casual TAFE Teachers to
non-casual employment
8.
Rejection of application to convert to non-casual employment
8.1
If the Supervisor, Executive Dean/Director or DVC intends to decline the application on
reasonable grounds, they will need to consult with Human Resources to ensure reason
complies with MBA.
8.2
If declined on reasonable grounds, the Supervisor or Executive Dean/Director shall discuss
reasoning with employee.
8.3
The Supervisor or Executive Dean/Director will then confirm via an email to Human Resources
that the employee has been informed of the reason for the application being declined.
8.3
Human Resources shall then provide formal written notification to the employee outlining the
reason for rejecting the application.
Note: Pursuant to clause 13.18 of the MBA (2009):
“An employee whose application for conversion is rejected shall not be entitled to apply again
within 12 months expect where:
(a)
(b)
that rejection is solely based upon the ground set out in 13.14 (c); and
that ground ceased to apply.”
9.
Approval of application to convert to non-casual employment
9.1
If the request is fully approved by Executive Dean/Director, Deputy Vice-Chancellor and
Finance, Human Resources shall prepare a letter of offer to the employee and include two (2)
position description copies and relevant forms.
_______________________________________
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CRICOS Provider No. 00103D
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Current Version:
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31/01/2014
Guidelines to convert
casual TAFE Teachers to
non-casual employment
HUMAN RESOURCES USE ONLY:
10. Human Resources: Preparing the letter of offer
10.1 Human Resources are to ensure that under clause 13.16 of the MBA 2009 the offer of
conversion shall indicate the hours and pattern of work which, subject to due consideration of
the employer's operational requirements and the desirability of offering the employee work
which is as regular and continuous as is reasonably practicable, shall be consistent with the
employee's casual engagement.
10.2 Human Resources shall also outline in the letter of offer the date from which the employee’s
previous casual/sessional service with the University will be recognised. This will be the date
recognised when the employee commenced serving the eligibility period for conversion.
Example: Teacher has been a sessional/casual since 2007. From 20/7/09 to 27/11/09 Teacher
works a total of 170 TDHs. Then, from 1/02/10 to 25/6/10 the Teacher works another 262 TDHs.
This totals 432 hrs over the past 12 months which makes them eligible for conversion.
20/7/09 is the date the Teachers eligibility commenced; therefore, their previous
casual/sessional service with the University will be recognised from 20/7/09 for the purposes of
any qualifying period for long service leave, but will not include any paid leave entitlement in
respect of that casual service.
Note: Prior casual/sessional service only from the 17/06/2009 (the date in which the MBA
2009 become operational) will be recognised for the purposes of qualifying for
long service leave.
10.3 Upon determining the employees commencement salary under Schedule 5 of the MBA, where a
casual employee is converted to a fixed term or ongoing position, each 400TDH casual prior
service with the employer shall be recognised as one increment when establishing the
commencing salary. Human Resources need to be mindful of this when assessing the
employees commencing salary.
Note: This increment/s is an additional increment on top of the two (2) minimum
increments under Schedule 5 of the MBA (2009) – (confirmed by J. Andrews, VTA).
11. Human Resources: Recording requests to convert from casual to non-casual
employment in empower
11.1 Once formal notification has been prepared by Human Resources notifying the employee of an
outcome regarding their application (either a letter of decline or a letter of offer), Human
Resources must record in Empower (in the additional information screen) the applications for
conversion from casual to non-casual employment for the purposes of reporting to UCC and
Academic Services.
Page 5 of 5
CRICOS Provider No. 00103D
Warning: uncontrolled when printed.
Authorised by:
Director, Human Resources
Document owner:
Manager, Human Resources
Original Issue:
Current Version:
04/05/2011
31/01/2014