Thursday 14 November 2024

Contact 1800 772 679

Contact 1800 772 679

The magazine of the Public Service Association of NSW and the Community and Public Sector Union (NSW Branch)

PSA Wins TfNSW Conversion Case

PSA Wins TfNSW Conversion Case

Commission agrees with union over definition of roles

The PSA CPSU NSW has won a case in the Industrial Relations Commission (IRC) over terms of converting temporary roles into full-time positions. 

The IRC found employees are entitled to conversion if employed for a fixed period and have been in the same role for more than 24 months, excluding specified projects, entry-level programs, or temporary vacancies.

Employment classification is determined by the facts at the time of engagement and contract documents. Specific projects must be identified in the contract; merely being assigned to a project is insufficient.

The IRC found that temporary engagements for backfilling must specify the purpose and reason at the time of engagement.

The case found the term ‘Project’ can include multiple projects as per legal interpretation.

If an employee’s role changes to fixed-term work, they may be entitled to conversion after two years.

“This is a great win and shows what happens when a union fights for its members,” said PSA President Nicole Jess after the decision.

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