Wood stacking, a pair of gloves & casual conversion

Last week I had a call from a casual worker who was a wood stacker for a wood merchant in regional Victoria. The caller had been working with this wood merchant for a number of years. There were no formal agreements, just a handshake over a beer!

The wood stacker was annoyed because he asked for gloves to protect his hands, and he was told to buy them himself. I couldn’t assist, as Business Monitor is set up for business support, but I did provide some links - can’t leave a person with nothing!

But what this conversation did is trigger a bit of digging regarding casuals in the workforce and some research into wood merchants & stackers – more on this at the end!

There was a new definition of casual employee outlined in section 15A of the Fair Work Act 2009 dated 26 August 2024. This includes a general rule that an employee is a casual only if:

• there is no firm advance commitment to continuing and indefinite work, and

• they are entitled to a casual loading or a specific rate of pay for casuals under a Fair Work instrument or their employment contract

Casual conversion allows casual employees to request a change to permanent employment under specific conditions, ensuring they understand their rights and responsibilities.

Employers must provide a Casual Employment Information Statement (CEIS): to new casual employees, outlining their rights and conditions of employment. It must be given at the start of employment and again after 6 months (or 12 months for small businesses). 

Employees who have worked for 6 months (or 12 months in small businesses) can request conversion to permanent employment if they believe they no longer meet the casual definition.

Employers must respond to the request in writing, either accepting it or giving valid reasons for rejection

Understanding casual conversion is crucial for both employees and employers to navigate the complexities of casual employment effectively.

As for my wood merchant and stacker, I sent, by post, to the merchant, some information on managing his casual worker correctly and reminded him of his obligations. There is a Modern Award (Timber Award [MA000071) that covers cutting but not stacking specifically and a raft of matters for the wood merchant to consider - a bit like working through the wood pile.

I suspect my recommendations will fall on deaf ears and this wood merchant may just wish he bought the worker some gloves when asked!