AN150039 – Clerks' (South Australia) Award

CLAUSE 4.2 EMPLOYMENT CATEGORIES
OPDATE 01:10:2002 on and from

4.2.1 Weekly Hired Employment – Full-Time and Part-Time

The contract of hiring of every employee bound by this Award will, in the absence of express contract to the contrary, be deemed to be hiring by the week be it as a full-time employee or part-time employee.

4.2.2 Part-time employment – special conditions

4.2.2.1 For working ordinary hours a part-time employee is to be paid the appropriate weekly wage for a full-time employee, divided by 38 to obtain an hourly rate, and then multiplied by the number of hours worked by the part-time employee in the week concerned.

4.2.2.2 Part-time employees are entitled to the penalties and/or overtime rates prescribed in this Award. In this regard the maximum number of ordinary hours for a part-time employee is 37.5 hours per week provided that where the normal full-time hours in a particular workplace for employees covered by this Award are less than 38 hours per week, the maximum part-time hours shall be one half hour less than the normal full-time hours of work.

4.2.2.3 Part-time employees accrue sick and annual leave on a prorata basis in accordance with the provisions of 7.1 and 7.2, depending on the number of hours worked in each week.

4.2.2.4 Where a part-time employee usually works on a day of the week on which a public holiday occurs and the employee is not required to work on that day the employee must be paid for the hours the employee would have usually worked on that day.

4.2.2.5 A part-time employee is to be paid a minimum of three hours on any day that the employee is required to work.

4.2.3 Casual Employment

4.2.3.1 A casual employee who works ordinary hours is entitled to be paid the same ordinary hourly rate as a weekly hired employee, but with the addition of a 20 per cent casual loading. Such rates are deemed to be the employee’s ordinary rate for the purpose of calculating the rates to be paid pursuant to 6.1, 6.3, 6.5, 6.6 and 6.7.

4.2.3.2 A casual employee is entitled to be paid for a minimum of three hours on any day that the employee is required to work. A casual employee required to work on a Saturday before 12 noon is entitled to be paid for a minimum of 2.5 hours.

4.2.3.3 With the exception of cl 4.3.3 the provisions of cl 4.3 and 4.4 shall not apply to casual employees.

4.2.4 Conversion of Employment Status

4.2.4.1 Notwithstanding the provisions set out in 4.2.1, 4.2.2 and 4.2.3 on and from 1 October 2002, any employee:

(1) engaged on a contract of employment who is entitled to be, or is, paid as a casual employee; and

(2) who has been employed by an employer during a period of at least 12 months, either:

i. on a regular and systematic basis for several periods of employment; or

ii. on a regular and systematic basis for an ongoing period of employment; and

(3) whose employment is consistent with full-time or part-time employment as defined in Clause 1.5

shall thereafter have the right to elect to have his or her employment converted to full-time employment as defined in Clause 1.5.4 or part-time employment as defined in Clause 1.5.5.

4.2.4.2 Every employer of such an employee shall give the employee notice in writing of the provisions of 4.2.4.1 within four weeks of the employee attaining 12 months continuous service. The employee retains his or her right of election under this clause if the employer fails to comply with the clause.

4.2.4.3 Any such employee who does not within four weeks of receiving written notice elect to convert his or her employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

4.2.4.4 Any employee who has a right to elect under clause 4.2.4.1, upon receiving notice under clause 4.2.4.2 or after the expiry of the time for giving such notice, may at any time thereafter give four weeks notice in writing to the employer that he or she seeks to elect to convert his or her 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 to full time or part time employment shall be dealt with as far as practicable with expedition in accordance with Clause 3.2 – Dispute Avoidance/Grievance Process.

4.2.4.5 Once an 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.

4.2.4.6 If an employee has elected to have his or her employment converted to full-time or part-time employment in accordance with clause 4.2.4.4, the employer and employee shall (subject to clause 4.2.4.4) discuss and agree upon which form of employment the employee will convert to, that is, full-time or part-time. Following such agreement being reached, the employee shall convert to full-time or part-time employment.

4.2.4.7 Where, in accordance with clause 4.2.4.4 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.

4.2.4.8 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 in accordance with Clause 3.2 – Dispute Avoidance/Grievance Process.

4.2.4.9 An employer must not engage or re-engage, or dismiss or threaten to dismiss, or prejudice or threaten to prejudice an employee in employment to avoid any obligation under this clause.

4.2.4.10 Where an employee converts from casual employment to full-time or part-time employment, the employee’s service for the purposes of leave entitlements (other than long service leave) will be calculated from the commencement of part-time or full-time employment.

4.2.4.11 When an employee converts from casual employment to full-time or part-time employment under this Clause, the employee’s previous service as a casual employee, to the extent that employment was:

i. on a regular and systematic basis for several periods of employment; or ii. on a regular and systematic basis for an ongoing period of employment, and was consistent with full-time or part-time employment as defined in Clause 1.5, shall constitute part of the period of continuous service pursuant to Clause 4.3 Termination of Employment and Clause 4.4 Redundancy, and be counted for the purposes of those Clauses.

4.2.5 Juniors

See Schedule 2. Wages