If a casual VPS role is being converted to a fixed-term or ongoing contract, is it necessary to advertise on the JSE?
Megan Marsh
Updated
If the decision is taken to convert a casual VPS employee who has been engaged on a regular and systematic basis, into a fixed term or ongoing position (as consistent with the principles established in clause 15.7 of the VPS Enterprise Agreement) the position is more appropriately classified as fixed term or ongoing, then no new vacancy has arisen. The position does not need to be advertised on the JSE.
Where casual employment has not been undertaken by an individual on a regular and systematic basis and the employer decides to offer fixed term or ongoing employment, then the position must be advertised through the JSE.
Similarly, when a department/agency’s HR policy obliges them to advertise the role this advertisement should occur through the JSE.
In considering whether a position should be classified as a casual, the employer should be mindful of its obligations under clause 15.7 of the Agreement, which establishes the principles for the use of casual employment in the VPS. Advice should be sought from HR areas on these obligations as necessary.
