AP782505CR - Graphics Arts - General - Award 2000
PART 4 - EMPLOYMENT RELATIONSHIP
4.1 EMPLOYMENT CATEGORIES
4.1.1 Employees must be engaged on a full-time or regular part-time basis, or on a casual basis. No person will be employed except as a weekly employee or a casual employee.
A full-time employee is a weekly employee whose ordinary hours of work must not exceed an average of 38 hours per week. An employee not specifically engaged as a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in the award.
4.1.3(a) Definition
A part-time employee is a weekly employee who:
4.1.3(a)(i) works less than full-time hours; and
4.1.3(a)(ii) works not less than four consecutive hours per day or shift; and
4.1.3(a)(iii) has reasonably predictable hours of work; and
4.1.3(a)(iv) receives pro rata pay and conditions of a full-time employee who does the same kind of work.
4.1.3(b) Agreement
4.1.3(b)(i) At the time of the engagement, the employee and the employer must agree:
4.1.3(b)(i)(A) on the hours to be worked by the employee, the days on which they will be worked and the commencing and finishing times for the work;
4.1.3(b)(i)(B) on the classification applying to the work to be performed in accordance with 5.1.1.
4.1.3(b)(i)(C) this clause is subject to Level 1 facilitation and individual agreement.
4.1.3(b)(ii) The terms of this agreement may be varied by consent. The terms of this agreement or any variation must be in writing and retained by the employer. The employer must provide a copy of it and any variation to it to the employee. This clause is subject to Level 1 facilitation and individual agreement.
4.1.3(c) Overtime
A part-time employee who is required by the employer to work in excess of the hours agreed upon in accordance with 4.1.3(b)(i)(A) must be paid overtime in accordance with 6.4 - Overtime.
4.1.3(d) Public holidays
Where the part-time employee’s normal paid hours fall on a public holiday and the employer does not require work to be performed by the employee, such employee must not lose pay for the day. Where the employee works on the holiday, the employee will be paid in accordance with 7.5 - Public holiday entitlement.
4.1.4 Casual employment
4.1.4(a) An employer when engaging a person for casual employment must inform them then and there that they are to be employed as a casual.
4.1.4(b) Irregular casual employment
4.1.4(b)(i) An irregular casual employee is a casual employee who is engaged to perform work on an intermittent or irregular basis or to work uncertain hours or to replace a weekly employee who is rostered off or absent due to sickness.
4.1.4(b)(ii) Irregular casual employment is a different form of employment to full-time and part-time casual employment.
4.1.4(c) Full-time and part-time casual employment
4.1.4(c)(i) A full-time casual employee is a casual employee, other than an irregular casual employee under 4.1.4(b), who is engaged to work on a continuous basis from week to week the same number of ordinary hours as the full-time employees in the relevant establishment.
4.1.4(c)(ii) A part-time casual employee is an employee, other than an irregular casual employee under 4.1.4(b), engaged to work on a continuous basis from week to week a fixed number of ordinary hours which are less than the hours worked by the full-time employees in the relevant establishment.
4.1.4(c)(iii) No employee will be engaged as a full-time casual employee or part-time casual employee on a continuous basis from week to week for more than twelve weeks, unless a further maximum period of up to twelve weeks is agreed to between the employer and employee concerned.
4.1.4(c)(iv) An employee must not be engaged and re-engaged as a casual under 4.1.4(c) to avoid any obligations under this award.
[4.1.4(c)(v) corrected by S2976 from 01Feb00]
4.1.4(c)(v) The agreement to extend the period of casual employment is to be recorded in the time and wages record. This agreement is subject to level 1 faciliation. Where the maximum agreed period is exceeded or where no record of agreement occurs, a casual employee employed for more than twelve weeks is a full-time or part-time employee depending upon the number of hours worked each week.
4.1.4(d) If a casual employee commences duty or is required to attend for duty and actually attends for duty for the period required by the employer, such employee must be paid the appropriate rate provided in this subclause for four hours at the least.
[4.1.4(e) substituted by PR913089 ppc 20Feb02]
4.1.4(e) A casual employee must be paid at the hourly rate prescribed for a full-time employee for such work with the addition of 25%. When working shifts casual employees will be entitled to the same shift allowance as weekly employees. When a casual employee becomes a full-time or part-time employee pursuant to 4.1.4(c)(v), the 25% casual loading will no longer be payable.
[4.1.4(f) substituted by PR913089 ppc 20Feb02]
4.1.4(f) A casual employee when working on a holiday or any time for which a weekly employee is paid above the weekly employee’s ordinary rate of pay, must be paid the appropriate rate paid to the weekly employee of the same class working at such time with the addition of 25%.
4.1.4(g) Caring responsibilities
[4.1.4(g) inserted by PR964986 ppc 11Nov05]
4.1.4(g)(i) Subject to the evidentiary and notice requirements in 7.2.6 and 7.2.7 employees are entitled to not be available to attend work, or to leave work:
4.1.4(g)(ii) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
4.1.4(g)(iii) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
