AN120118 – Charitable, Aged and Disability Care Services (State) Award
(i)
(a) A casual employee is one engaged on an hourly basis otherwise than as a full-time employee or permanent part-time employee.
(b) A casual employee may only be engaged in the following circumstances: for short term periods where there is a need to supplement the workforce arising from fluctuations in the needs of the facility; or in the place of another employee who is absent; or in an emergency.
(ii) A casual employee shall be paid an hourly rate calculated on the basis of one thirty-eighth (1/38th) of the appropriate rate prescribed by Part B, Monetary Rates of this award, plus ten (10) per centum thereof, with a minimum payment of two hours for each start, (where the casual is employed in the place of a homecare employee who is absent then the minimum payment per engagement may be one (1) hour) and one thirty-eighth of the uniform and laundry allowances where a uniform is not supplied in accordance with clause 30-Uniforms and Protective Clothing.
(iii) For weekend and public holiday work, casual employees shall, in lieu of all other penalty rates and the 10% casual loading, receive the rates prescribed in clause 15-Penalty Rates and Shift Allowances and clause 18-Public Holidays.
(iv) Overtime rates shall be payable on the hourly rate (1/38th) in lieu of the 10% casual loading only when a casual works in excess of 38 hours per week or 76 hours per fortnight depending on the pay period.
(v) For the entitlement to annual leave, a casual shall receive an additional amount equivalent to one-twelfth of the sum of their ordinary pay plus payments received in accordance with clause 15-Penalty Rates and Shift Allowances. No other allowances or payments are to be included for the calculation of this annual leave entitlement. Further, this amount will be itemised separately on the employee’s pay records.
(vi) For the entitlement to long service leave, see Long Service Leave Act, 1955.
(vii) With respect to a casual employee, the provisions of the following clauses shall not apply:
Clause 8-Roster of Hours; clause 19-Annual Leave; clause 20-Annual Leave Loading; clause 21-Long Service Leave; clause 22-Sick Leave; clause 24-Compassionate Leave; clause 25-Leave Without Pay, clause 27-Service Allowance: clause 28-Leading Hands; clause 29-Higher Duties; clause 32-Live-In; clause 36-Promotions and Appointments; clause 37-Emergency Telephone Calls; clause 39-Repatriation Leave; clause 41-Apprentices.
(viii) Personal Carers Entitlement for casual employees
(a) Subject to the evidentiary and notice requirements in Clauses 23(i)(b) and 23(i)(d) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in Clause 23(i)(c)(2) who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.
(b) 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.
(c) 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.
(ix) Bereavement entitlements for casual employees
(a) Subject to the evidentiary and notice requirements in Clause 24(ii)(a)(2) casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in Clause 23(i)(c)(2).
(b) 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
(c) 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 engage a casual employee are otherwise not affected.
