I am employed as a casual AiN through Bupa Aged Care. During the COVID-19 pandemic I have been picking up additional hours on a regular basis for about 14 months and believe these hours are not replacing someone on extended leave. Do I have a right to claim these hours permanently?
A casual employee who has been rostered on a regular and systematic basis over a period of 26 weeks has the right to request conversion to permanent employment on a permanent part-time contract. The contract would be based on the average number of hours as previously worked per fortnight, unless other arrangements are agreed between Bupa and the employee.
The above is known as ‘casual conversion’ and will not apply where a casual has covered absences of permanent staff that are expected to return to work. The above information can be found in the Bupa Aged Care Australia, NSWNMA, ANMF (NSW Branch) and HSU NSW Branch, New South Wales Enterprise Agreement 2018 clause 10.4 (h) (ii).
Please note this is a right to request and the employer cannot decline the request on reasonable grounds.