s359B-359C: ss 359B and 359C Do not dismiss or mislead to convert employees to casual employment
An employer does not dismiss, or threaten to dismiss, an employee who performs particular work in order to re-engage the individual as a casual employee for the same or substantially the same work, and a person that has employed an individual other than as a casual does not make a statement it knows is false to persuade the individual to enter casual employment for the same or substantially the same work.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s359B-359C. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Records of any change of employees from permanent to casual with the reasons and the employee's informed choice; Review of communications about moving to casual employment; Workforce data tracking permanent to casual conversions
What usually goes missing
Permanent staff dismissed and rehired as casuals; Employees told casual rates are always better overall; No documented voluntary choice
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.