AN140196 – Off-Shore Island Resorts Award - State 2005
4.4.1 The casual rates are calculated on the basis of 50% in addition to the base rate. The additional 50% applies in substitution for all other entitlements contained in this Award with the exception of clause 5.4.1, and clause 5.5. The minimum period of engagement of a casual employee shall be 2 hours.
Clause 4.4.1 has been inserted as a result of an application to make this Award arising from the decision of the Full Bench of the Commission on 30 June 2004 (and published at (2004) 176 QGIG 479) to move to declare Industrial Agreements obsolete. Given the origin of clause 4.4.1 the provisions contained within it are not to be used as a precedent for any other matter whatsoever.
4.4.2 Conversion to permanent
(a) A casual employee, who has been engaged on a regular and systematic basis and for several periods of employment under this Award during a period of 6 months, will thereafter have the right to elect to have their contract of employment converted to full-time employment or part-time employment if the employment is to continue beyond the conversion process.
(b) Every employer of such an employee will give the employee notice in writing of the provisions of clause 4.4.2 within 4 weeks of the employee having attained such period of 6 months.
(b) The employee retains their right of election under clause 4.4.2 if the employer fails to comply with clause 4.4.2(b).
(c) Any such casual employee who does not within 4 weeks of receiving written notice elect to convert their contract of employment to full-time or part-time employment will be deemed to have elected against any such conversion.
(d) Any casual employee who has a right to elect under clause 4.4.2, upon receiving notice under clause 4.4.2, or after the expiry of the time for giving such notice, may give 4 weeks' notice in writing to the employer that they seek to elect to convert their contract of employment to full-time or part-time employment, and within 4 weeks of receiving such notice the employer will consent to or refuse the election but will not unreasonably so refuse. Any dispute about a refusal of an election to convert a contract of employment will be dealt with as far as practicable with expedition through the grievance procedure.
(e) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employer may only revert to casual employment by written agreement with the employer.
(f) If a casual employee has elected to have their contract of employment converted to full-time or part-time employment the employer and employee in accordance with clause 4.4.2 will discuss and agree upon:
(i) which form of employment the employee will convert to, that is, full-time or part-time; and
(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 clause 4.3:
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 their 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 their 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 will convert to full-time or part-time employment.
Where an employer refuses an election to convert, the reasons for doing so will be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.
Any dispute about refusal of an election to convert, or arrangements to apply to an employee converting from casual employment to full-time or part-time employment will be dealt with as far as practicable with expedition through the grievance procedure.
An employee must not be engaged and re-engaged to avoid any obligation under this Award.
