Australians: Requirement to make permanent part time/full time after being casual for so long?
Asked by arooman
I have been working for a large Australian company for nearly 3 years. I have been told by a friend that because I have been casual for all of this time, I have a lawful entitlement to a permanent part or full time work position and thus the protections offered by permanent part time or full time work? Is this the case in Australian workplace law at present?

Best Answer:
I am good friends with my our companys Union Rep, and he says that if you have been with a company for 6 months, they by law, have to offer you a full-time position. If you ARE looking to go full-time, consult your companys union-rep, or call them yourself, then talk to your employer about it. You DO have the upper hand on this situation if they don't want to offer you a position, and an even better position if they try and dismiss you without offering you a job. If that happens, you'll get a fulltime job AND compensation. Research it and talk with your union rep before you do anything, though. I was a casual with my company for 4.5yrs before going fulltime... by choice though. The money was better, I could take holidays when i wanted on short notice, and I knew I had a case if they ever tried to dismiss me. Win-win situation. I'm in Australia, by the way, and im with a large Aussie company, too. Hope this helps!

I am inferring you are in an "at will" position. The response above would be negotiated under contract law and is not the same as a legislative mandate. Regardless of where you are, the "free" in free enterprise is a universal lack of government involvement. Even if there was a law for this type of socialized promotion, all non union Australian companies would have a counter reaction within a few weeks making it functionally ineffective. Subjective expectations from an objective and self-serving management are not practical. Your best source of proof for this law would be the "friend" who, most likely, spoke from emotion. Sorry.
Answered by john c