AP818456CRV - Wool Scourers and Carbonisers Award 2002
12.1 Probationary employment
12.1.1 An employer may initially engage a full-time or part-time employee for a period of two weeks probationary employment for the purpose of determining the employee's suitability for ongoing employment. Employment during this period shall be terminated by an hour’s notice on either side or by payment or forfeiture of one hour’s wages as the case may be. The employee must be advised in advance of the probationary period and its duration.
12.1.2 A probationary employee is for all purposes of the award a full-time or part-time employee.
12.1.3 Probationary employment forms part of an employee's period of continuous service for all purposes of the award, except where otherwise specified in this award.
12.2 Full-time employment
Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in the award.
12.3 Casual employment
[12.3 substituted by PR936419 ppc 14Aug03]
12.3.1 A casual employee is to be one engaged and paid as such. A casual employee for working ordinary time shall be paid 122.5 per cent of the hourly rate of the rate prescribed by 17.1 for the employees classification from 14 August 2003 and 125 per cent from 14 February 2004. The loading constitutes part of the casual employee's all purpose rate.
12.3.1(a) A casual employee, other than an irregular casual employee as defined in 12.3.4, who has been engaged by a particular employer for a sequence of periods of employment under this Award during a period of twelve months shall thereafter have the right to elect to have his or her contract of employment converted to full-time employment or part-time employment if the employment is to continue beyond the conversion process.
12.3.1(b) Every employer of such an employee shall give the employee notice in writing of the provisions of this clause within four weeks of the employee having attained such period of twelve months.
The employee retains his or her right of election under this clause if the employer fails to comply with this paragraph.
12.3.1(c) Any such casual employee who does not within four weeks of receiving written notice elect to convert his or her contract of employment to a full-time employment or a part-time employment will be deemed to have elected against any such conversion.
12.3.1(d) Any casual employee who has a right to elect under 12.3.1(a), upon receiving notice under 12.3.1(b) or after the expiry of the time for giving such notice, may give four weeks notice in writing to the employer that he or she seeks to elect to convert his or her contract of employment to full-time or part-time employment, and within four weeks of receiving such notice the employer shall consent to or refuse the election but shall not unreasonably so refuse. Any dispute about a refusal of an election to convert a contract of employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.
12.3.1(e) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.
12.3.1(f) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with 12.3.1(d), the employer and employee in accordance with this subparagraph, and subject to 12.3.1(d), shall discuss and agree upon:
12.3.1(f)(i) which form of employment the employee will convert to, that is, full-time or part-time; and
12.3.1(f)(ii) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked, as set out in 12.3.2.
Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed upon between the employer and employee.
Following such agreement being reached, the employee shall convert to full-time or part-time employment.
Where, in accordance with 12.3.1(d) an employer refuses an election to convert, the reasons for doing so shall be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.
Any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.
12.3.1(g) By agreement between the employer and the majority of the employees in the relevant workplace, or section of it, or with the casual employee concerned, the employer may apply 12.3.1(a) as if the reference to twelve months is a reference to 18 months, but only in respect of a currently engaged individual employee or group of employees. Any such agreement shall be recorded in the time and wages records. Any such agreement reached with an individual employee may only be reached within the two months prior to the period of twelve months referred to in 12.3.1(a).
12.3.2(a) An employer when engaging a person for casual employment must inform the employee then and there that the employee is to be employed as a casual, stating by whom the employee is employed, the job to be performed and the classification level, the actual or likely number of hours required, and the relevant rate of pay.
12.3.2(b) The employer shall give to a casual employee who has been engaged for one or more periods of employment extending over three or more weeks in any calendar month, and whose employment is or is likely to be ongoing, a note in writing signed by or on behalf of the employer stating:
12.3.2(b)(i) the name and address of the employer;
12.3.2(b)(ii) if the employee has been engaged by the employer to perform work on hire to another person or company or is regularly engaged to perform work on hire to other persons or companies, a statement to that effect;
12.3.2(b)(iii) the job to be performed and the classification level on which the employee has been or is likely to be engaged;
12.3.2(b)(iv) as far as practicable, the terms of the current engagement, including the likely number and likely pattern of hours required to be worked, the casual rate or other loading applied and the base rate of pay on which the loading is applied;
12.3.2(b)(v) the contingency on which the engagement expires, or the notice, if any, that will be given to terminate any ongoing employment.
12.3.2(c) It shall be sufficient compliance with 12.3.2(b) if the employer gives such a note in writing upon or following the first occasion on which the casual employee has been so engaged for a period or periods extending over three or more weeks in any calendar month.
12.3.3(a) On each occasion a casual employee is required to attend work the employee is entitled to payment for a minimum of four hours work.
12.3.3(b) In order to meet his or her personal circumstances a casual employee may request and the employer may agree to an engagement for less than the minimum of four hours. Any dispute about a refusal to such a request is to be dealt with as far as practicable with expedition through the dispute settlement procedure.
An employee must not be engaged and re-engaged to avoid any obligation under this Award.
12.3.4(a) An irregular casual employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.
12.3.4(b) The provisions of 12.3.1 do not apply to irregular casual employees.
12.3.5 Casual employees will be paid for not less than four hours on any one day.
12.3.6 For the time worked in excess of eight hours on any one day, time and a half for the first three hours and double time thereafter shall be paid. A casual employee may elect to be on weekly hiring after one month.
12.3.7 At the time of being engaged as a casual employee, the employee shall be advised in writing by the employer that after one month he/she may elect to be on weekly hire.
12.3.8 A casual employee required to work overtime or weekend work shall be entitled to the relevant penalty rates prescribed by clauses 28 and 29, provided that:
12.3.8(a) where the relevant penalty rate is time and a half, the employee shall be paid 172.5 per cent of the hourly rate, of the rate prescribed by 17.1 for the employees classification from 14 August 2003 and 175 per cent from 14 February 2004; and
12.3.8(b) where the relevant penalty rate is double time, the employee shall be paid 222.5 per cent of the hourly rate, of the rates prescribed by 17.1 for the employees classification from 14 August 2003 and 225 per cent from 14 February 2004.
12.3.9 A casual employee required to work on a public holiday prescribed by clause 34 shall be paid 272.5 per cent of the hourly rate of the rates prescribed by 17.1 for the employees classification from 14 August 2003 and 275 per cent from 14 February 2004.
12.4 Part-time employment
12.4.1 An employee may be engaged to work on a part-time basis involving a regular pattern of hours each week which shall average less than 38 hours.
12.4.2 Before commencing part-time employment, the employee and employer must agree:
12.4.2(a) upon the hours to be worked by the employee, the days upon which they will be worked and the commencing and finishing times for the work;
12.4.2(b) upon the classification applying to the work to be performed in accordance with clause 16 - Wage rates - adults;
12.4.3 Except as otherwise provided in this award a part-time employee is entitled to be paid for the hours agreed upon in accordance which 12.4.2(a).
12.4.4 The terms of this agreement may be varied by consent.
12.4.5 The terms of this agreement or any variation to it shall be in writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.
12.4.6 The terms of this award shall apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38.
12.4.7 Overtime
A part-time employee who is required by the employer to work in excess of the hours agreed upon, shall be paid overtime in accordance with this award.
12.4.8 Public holidays
Where the part-time employee's normal paid hours fall on a public holiday prescribed by this award and work is not performed by the employee, such employee shall not lose pay for the day. Where the employee works on the holiday, such employee shall be paid in accordance with this award.
12.4.9 Seasonal employee
A seasonal employee is an employee who is engaged on a weekly basis subject to the following:
12.4.9(a) The minimum period of employment shall be four weeks from the date of commencement as a seasonal employee.
12.4.9(b) The maximum period of employment shall be for up to 26 weeks from the date of commencement as a seasonal employee provided that where an employee works continuously for a period of 26 weeks he/she may become a permanent employee on weekly hire or the employment shall be terminated.
12.4.9(c) Prior to engaging seasonal employees each enterprise shall annually determine in accordance with the provisions of the consultative mechanisms contained in 9.1 the period of the season which may run for up to eight months.
12.4.9(d) Seasonal employees shall be entitled to eight hours sick leave after the completion of two months service with the employer and shall continue to accrue sick leave on a pro-rata basis of eight hours for every one month of completed service up to a maximum of five days after 26 weeks of completed service. Provided that upon application by the employee on termination or during the 26th week of employment, and subject to the availability of an unclaimed balance of sick leave, the employee shall be paid for sick leave taken during the first 26 weeks and in respect of which payment was not made. Provided further that if a seasonal employee continues employment with an employer as a full-time employee in accordance with 12.4.9(b), the employee shall be entitled to any unused sick leave entitlements which accrued during his/her engagement as a seasonal employee. Provided further that a seasonal employee upon a second or subsequent engagement shall be entitled to accrue sick leave on a pro-rata basis calculated at eight days entitlement in lieu of five days. For the purposes of this subclause, each season in any twelve month period shall stand alone.
12.4.9(e) Employment of a seasonal employee shall be terminated by the giving of one week’s notice.
12.4.9(f) Except as provided otherwise, all the provisions of this award shall apply to such seasonal employee.
12.5 Trainees
The parties to this award shall observe the terms of the National Training Wage Award 2000 [PR904174 [AW790899]], as amended.
12.6 Junior employees
12.6.1 The following minimum rates shall be paid to juniors engaged in the following occupations only:
Percentage of the adult award rate for a General hand |
% |
17 years of age and under |
65 |
At 18 years of age |
75 |
At 19 years of age |
85 |
At 20 years of age |
100 |
12.6.2 Juniors engaged in wool sorting or skin classing shall be entitled to the above per percentages based on the adult weekly rate for a Woolsorter.
12.6.3 The total shall be calculated to the nearest five cents per week, any broken part of five cents not exceeding two cents to be disregarded.
12.6.4 Juniors doing other classes of work shall be paid the rates prescribed by this award.
12.6.5 Juniors under eighteen years of age shall not be called upon to lift any weight exceeding 18 kg.
12.6.6 Juniors under eighteen years of age shall not be called upon to work afternoon or night shift.
