Pathways to Permanency

CPSU win in the Fair Work Commission protects the right to casual conversion

In 2021 the CPSU took a case to the Fair Work Commission to make sure APS agencies applied the new casual conversion laws properly, instead of relying on loop-hole to avoid offering eligible casuals ongoing employment.

After hearing the matter in early 2022, the Fair Work Commission found in favour of the CPSU, removing the loop-hole that allowed APS agencies to deny eligible casuals ongoing employment because there was “no existing vacancy”. This loop-hole would have given APS agencies an effective veto, allowing them to side-step the new laws.

This is a big win for casuals. It means that casual employees must be offered permanency if:

They meet the eligibility criteria for conversion under the Fair Work Act (12 months’ service, with a regular pattern of hours in the last 6 months); and

They have been rated suitable in a merit selection process for a similar role (same classification, similar location, similar duties), and have been placed in an active merit pool in the last 18 months.

As a CPSU members you get all the advice and support you need

Advice and support – members have access to our staff from 8am to 8pm daily, for full advice and support to exercise the right to request permanency under the new laws. Call 1300 137 636.

Resources for members only – members have access to resources including fact sheets on conversion rights, a right to request form ready for members to submit to their supervisor, and support from our legal team (see member-only resources on this page)

We hold agencies to account - as a member of the CPSU, you help win cases like this, to ensure casuals have the best shot possible at permanent APS employment.

Hundreds of new ongoing jobs

As a result of CPSU campaigning last year, hundreds of casuals in the ATO and Services Australia were made an offer of ongoing employment.

But we need to keep up the pressure. The former Coalition government created a loop-hole in the laws to make it easier for APS agencies to deny employees ongoing employment. The CPSU will continue to press hard so that agencies meet their obligations under the Fair Work Act.

Action in the Fair Work Commission

In July last year when Services Australia said it didn’t have to apply the new laws, the CPSU took the matter to the Fair Work Commission, and Services Australia was forced to change its position.

In November, the CPSU brought a second case to the Fair Work Commission, when a number of casuals were denied permanency even though they met the eligibility criteria and were sitting in active merit pools. The case was heard in February and March this year.

The Fair Work Commission has now found in favour of the CPSU, removing the loop-hole that allowed APS agencies to deny eligible casuals ongoing employment because there was “no existing vacancy”. This loop-hole would have given APS agencies an effective veto, allowing them to side-step the new laws. Read more here .