Temporary employment: Know your rights - Public Service Association

Temporary employment: Know your rights

The PSA has been receiving concerning reports from members who have not been converted to permanency despite having worked in the same role, across multiple projects for more than 24 months.

Both the TfNSW and RMS Awards require Transport to convert workers after 24 months. However, there are subtle differences. In simple terms, if you are a temporary employee under the TfNSW Award, you must be converted to a permanent position after 24 months, unless you have been:

  1. working on a specified project
  2. engaged in an entry level program (such as trainees)
  3. backfilling a role

It is important to note that your contract cannot be terminated prematurely to avoid the obligation to convert.

Clause 13.6 of the RMS Award is even more concise on this issue:

(c) Subject to subclause (d) an engagement of a Temporary Employee may be for a fixed period of not more than 24 months, for a specific project, or for parental leave relief of not more than 24 months, on either a full-time or part-time basis.

(d) Where a Temporary Employee is engaged for a fixed period of more than 24 months the Employee will be made permanent.

If you are a temporary worker who has not yet been converted despite fulfilling the aforementioned criteria, please email your Organiser Izzy Maish () as a matter of urgency. In your email, please provide the following documents:

  1. Your contract
  2. Letter of Offer
  3. The extension request (if applicable)
  4. If your contract was ended early to avoid conversion, please include all separation paperwork as well as your final date of employment.

Additionally, if you are aware of any temporary worker who was dismissed due to their contract expiring after they had been employed for more than 24 months, please contact your Organiser Izzy Maish urgently.

 

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