Union members no longer in insecure roles.
Action by the CPSU NSW could see a widespread cut to the number of TAFE workers employed in casual positions.
The Fair Work Commission (FWC) found that TAFE does not have reasonable grounds to refuse to make offers of conversion to any casual employees to convert to full-time or part-time employment.
However, the Commissioner only made orders in relation to the three casuals who gave evidence as a part of the hearing. CPSU NSW has written to TAFE seeking that it makes offers to all casual employees who meet the criteria, which state the employer has to have been employed for more than 12 months and has worked a regular pattern of hours in the past six months on an ongoing basis which, without significant adjustment, the employee could continue to work as a full-time employee or a part-time employee.
TAFE has until 7 December 2022 to appeal the decision.
“The ruling of the FWC, means that any casual employee who meets the criteria for conversion under the act should be offered permanent employment,” said CPSU NSW Legal Services Manager Alison McRobert. “Criteria will include length of service and a regular pattern of hours, as is required under 66B of the Fair Work Act. This is a huge win, and a major step forward in the union’s fight for secure and ongoing employment at TAFE.
“The union will keep all members updated regarding the dispute, including whether or not TAFE appeals the decision.
“In the meantime, if you are a casual and have any questions concerning the dispute, please contact the CPSU NSW on 1800 772 679.”