The National Employment Standards have recently been amended to include conversion rights to all casual employees that have worked continuously at the same employer for more than 12 months, where they have worked regular hours for at least 6 months on an ongoing basis that could continue as a permanent employee without significant changes. Before it was amended on 27 September 2021, the Restaurant Industry Award 2020 provided in clause 11.7 that a casual employee could only request for a conversion to a permanent employee when they have worked at an employer for more than 12 months and have worked regular hours on an ongoing basis for at least 12 months.

Suppose that Sarah had worked as a casual waitress in a restaurant that is covered by the Award for more than 12 months, but only worked regular hours on an ongoing basis for 8 months. She approached her manager with a request for conversion before 27 September 2021, but after the National Employment Standards had been amended.

Indicate the correct statement:

Group of answer choices

If there is an inconsistency between an Award and the National Employment Standards, the Award applies to the employment relationship until the matter is settled by the Fair Work Commission.

The National Employment Standards apply to all employees, unless an Award or EA leaves them 'better off overall'. Sarah may request a conversion if she has worked regular hours on an ongoing basis for more than 6 months.

The Award replaces the National Employment Standards, which means that Sarah may request a conversion only if she has worked regular hours on an ongoing basis for more than 12 months.