AN120089 – Building and Construction Industry (State) Award
13.1 Tradespersons and labourers
The following provisions shall apply to the classifications contained in 18.1.2 (a), (b) and (d) (other than trainee apprentices) of this award:
(a) One days notice of termination of employment shall be given on either side or one days pay shall be paid or forfeited.
(b) Subject to the termination provisions of clause 32 of this award notice given at or before the usual starting time of any ordinary working day shall be deemed to expire at the completion of that days work.
(c) A tradesperson shall be allowed one hour prior to termination to gather, clean, sharpen, pack and transport tools.
(d) Nothing in this clause shall affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty.
13.2 Casual Employees
13.2.1 A casual employee is one engaged and paid in accordance with the provisions of this clause. A casual employee shall be entitled to all of the applicable rates and conditions of employment prescribed by this Award except annual leave, personal leave, parental leave, jury service, public holidays and redundancy.
13.2.2 An employer when engaging a person for casual employment must inform the employee in writing that the employee is to be employed as a causal, stating by whom the employee is employed, the job to be performed, the classification level, the actual or likely number of hours to be worked, and the relevant rate of pay.
13.2.3 A casual employee may be employed by a particular employer on a regular and systematic basis for any period not exceeding six weeks. If the employment is to continue on a regular and systematic basis beyond six weeks the employee must then be employed pursuant to Clause 13.1 of this Award.
13.2.4 The provisions of 13.2.3 shall not apply to a casual employee who has been engaged by a particular employee to perform work on an occasional basis and whose work pattern is not regular and systematic.
13.2.5 On each occasion a casual employee is required to attend work the employee shall be entitled to payment for a minimum of four hours work, plus the relevant fares and travel allowance prescribed by Clause 38.
13.2.6 A casual employee for working ordinary time shall be paid 125 per cent of the hourly rate prescribed by Clause 18.1.2 for the employees classification.
13.2.7 A casual employee required to work overtime or weekend work shall be entitled to the relevant penalty rates prescribed by Clauses 29 and 31, provided that:
(a) where the relevant penalty rate is time and a half, the employee shall be paid 175 percent of the hourly rate prescribed by Clause 18.1.2 for the employees classification; and
(b) where the relevant penalty rate is double time, the employee shall be paid 225% of the hourly rate prescribed by Clause 18.1.2 for the employees classification.
13.2.8 A casual employee required to work on a public holiday prescribed by Clause 37 shall be paid 275 per cent of the hourly rate prescribed by Clause 18.1.2 for the employees classification.
13.2.9 Termination of all casual engagements shall require one hours notice on either side or the payment or forfeiture of one hours pay, as the case may be.
13.3 Part-time employment An employer and an employee may agree for the employee to work on a part-time basis. Any agreement of this nature shall be in accordance with Part 5 of Chapter 2 of the Act.
