AN120505 – Social and Community Services Employees (State) Award
7.1 A casual employee shall mean an employee engaged to perform work of a short-term and/or irregular nature.
7.2 A casual employee shall be paid an hourly rate equal to one-thirty eighth of the appropriate weekly rate prescribed by Clause 21 - Rates of Pay, plus an additional loading of fifteen (15 %) per cent.
7.3 Pursuant to the Annual Holidays Act 1944, casual employees are entitled to payment in lieu of annual leave at the end of each engagement in addition to entitlements under this clause, i.e. an amount equal to one-twelfth (8.33%) of the employee’s ordinary pay for such period of engagement.
7.4 Where a casual employee is engaged to undertake shift work, the prescribed shift penalty for the appropriate shift shall be paid in addition to the loading prescribed in 7.2 and 7.3.
7.5 A casual employee shall be paid a minimum of two hours at the appropriate rate for each engagement.
NOTE: To calculate the appropriate rate of pay for a casual employee the formula is: appropriate hourly rate + 15% = sub total (1) [+appropriate shift penalty = subtotal (2) ]+ 8.33% = total.
7.6 Personal Carers Entitlement for casual employees
(a) Subject to the evidentiary and notice requirements in clauses 42.1 (b) and 42.1(d) casual employees are entitled to not be available to attend work, or to leave work is they need to care for a person prescribed in clause 42.1 (c) (ii) who are sick and require the 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.
7.7 Bereavement entitlement for casual employees
(a) Subject to the evidentiary and notice requirements in clause 43.2 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 42.1(c)(ii).
(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 right of an employer to engage or not engage a casual employee are otherwise not affected.
