The PSA appeared at the Industrial Relations Commission today to seek clarification regarding TfNSW’s interpretation of clause 14.8 of the TfNSW Award.

TfNSW claimed that in determining whether an employee is eligible for conversion to permanency under clause 14, a ‘specified project’ need not be detailed in the employee’s contract thereby providing TfNSW with a convenient loophole in order to avoid its obligation to convert. The PSA, on the other hand, submitted that the plain meaning of the clause be used, that is, a ‘specified project’ should be ‘specified’ on the employment contract.

Here is a summary of the Commission’s findings regarding clause 14.8:

– Employees are entitled to conversion if employed for a fixed period and have been in the same role for over 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.

– Temporary engagements for backfilling must specify the purpose and reason at the time of engagement.

– ‘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.

The next steps involve reviewing eligible employees for conversion, proposing revised eligibility criteria, and confirming current employment status. If you fulfill the criteria under clause 14 of the TfNSW Award and haven’t been identified in the audit by 1 August 2024, please contact the PSA.