Document ID: chunk:federal_register_of_legislation:C2021A00025:clause:1_66f
Version: federal_register_of_legislation:C2021A00025
Segment Type: clause
Provision Reference: sch 1 cl 66F
Character Range: 13466–15919

66F  Employee requests
 (1) A casual employee may make a request of an employer under this section if:
 (a) the employee has been employed by the employer for a period of at least 12 months beginning the day the employment started; and
 (b) the employee has, in the period of 6 months ending the day the request is given, worked a regular pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to work as a full‑time employee or a part‑time employee (as the case may be); and
 (c) all of the following apply:
 (i) the employee has not, at any time during the period referred to in paragraph (b), refused an offer made to the employee under section 66B;
 (ii) the employer has not, at any time during that period, given the employee a notice in accordance with paragraph 66C(3)(a) (which deals with notice of employer decisions not to make offers on reasonable grounds);
 (iii) the employer has not, at any time during that period, given a response to the employee under section 66G refusing a previous request made under this section;
 (iv) if the employer is not a small business employer—the request is not made during the period of 21 days after the period referred to in paragraph 66B(1)(a).
Note: Nothing in this Subdivision prevents an employee from requesting to convert to full‑time or part‑time employment outside the provisions of this Division, or prevents an employer from granting such a request.
 (2) The request must:
 (a) be in writing; and
 (b) be a request for the employee to convert:
 (i) for an employee that has worked the equivalent of full‑time hours during the period referred to in paragraph (1)(b)—to full‑time employment; or
 (ii) for an employee that has worked less than the equivalent of full‑time hours during the period referred to in paragraph (1)(b)—to part‑time employment that is consistent with the regular pattern of hours worked during that period; and
 (c) be given to the employer.
Note: If a request is accepted, the conversion to full‑time employment or part‑time employment has effect for all purposes (see section 66K).
 (3) For the purposes of paragraph (1)(b), in determining whether an award/agreement free employee has worked the equivalent of full‑time hours, regard may be had to the hours of work of any other full‑time employees of the employer employed in the same position as (or in a position that is comparable to) the position of the employee.