AN150140 – Social and Community Services Award
CLAUSE 4.4 CASUAL EMPLOYEES
OPDATE 04:11:2005 on and from (clause 4.4.5 opdate 01:02:2006 on and from)
4.4.1 A casual employee is a person engaged to work either:
(a) for less than an average of 15 hours per week, or
(b) where the employee's ordinary hours vary from week to week; provided that a person employed on a casual basis for an average of fifteen hours or more per week and up to and including 38 hours per week must not be engaged for any continuous period exceeding 13 weeks.
Note that any employee engaged for an average of 15 hours or more per week for a continuous period exceeding 13 weeks is deemed to be a full-time or part-time employee.
4.4.2 An employee engaged on a casual basis must be engaged for a minimum period of 3 hours for each engagement.
4.4.3 Casual employees, upon engagement, are to be informed in writing that:
(a) they are hired by the hour;
(b) subject to clause 4.4.2, a casual employee will be paid for actual time worked;
(c) they are not entitled to payment for public holidays not worked nor payment for paid leave of any type (excluding long service leave).
4.4.4 For ordinary working hours a casual employee must be paid the hourly rate as defined in Schedule 1 for the work performed plus 20 per centum.
4.4.5 Conversion of employment status
4.4.5.1 Notwithstanding the provisions set out in 4.2, 4.3 and 4.4 above on and from 1 February 2006, any employee:
will thereafter have the right to elect to have his or her employment converted to full-time employment as defined in clause 4.2 or part-time employment as defined in clause 4.3.
4.4.5.2 Every employer of such an employee will give the employee notice in writing of the provisions of 4.4.5.1 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
4.4.5.3 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.
4.4.5.4 Any employee who has a right to elect under 4.4.5.1, upon receiving notice under clause 4.4.5.2 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 must consent to or refuse the election but may not unreasonably so refuse. Any dispute about a refusal of an election to convert to full-time or part-time employment will be dealt with as far as practicable with expedition in accordance with Clause 3.2 Dispute Settling Procedure.
4.4.5.5 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.
4.4.5.6 If an employee has elected to have his or her employment converted to full-time or part-time employment in accordance with clause 4.4.5.4, the employer and employee will (subject to clause 4.4.5.4) 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 will convert to full-time or part-time employment.
4.4.5.7 Where, in accordance with 4.4.5.4 an employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.
4.4.5.8 Any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment must be dealt with as far as practicable with expedition in accordance with Clause 3.2 Dispute Settling Procedure.
4.4.5.9 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.
4.4.5.10 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.
4.4.5.11 Where 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:
and was consistent with full-time or part-time employment as defined in clause 4.2.1 and 4.3.1, will constitute part of the period of continuous service pursuant to Clause 4.6 Termination of Employment and Clause 4.7 Redundancy, and be counted for the purposes of those clauses.
