AN170028 – Electrical/Electronic Trades (Public Sector) Award
(a) Except as hereinafter provided, employment shall be by the week. Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.
Any employee employed by the week shall, provided he or she is ready, willing and available for work be paid the weekly wage prescribed for a full week's work and in addition thereto such overtime or other penalty rates if any that may have occurred during the relevant period.
(b) Part-time Employment
(i) An employee may be engaged by the week to work on a part- time basis for a constant number of hours which having regard to the various ways of arranging ordinary hours shall average less than 38 hours per week.
(ii) An employee so engaged shall be paid per hour one thirty- eighth of the weekly rate prescribed by Clause 8 for the classification in which the employee is engaged.
(iii) An employee engaged on a part-time basis shall be entitled to payments in respect of annual leave, holidays and sick leave arising under this award on a proportionate basis calculated as follows:
(1) Annual Leave
Subject to the provisions of Clause 9:
- Where the employee has completed twelve months' continuous service - four weeks' leave at the number of ordinary hours which would otherwise have been worked during the period of leave.
- Where the employee is entitled to pro rata leave on termination or at a close down in accordance with this award the employee shall receive 2.923 hours paid at the appropriate rate of wage for each 38 ordinary hours worked.
(2) Holidays
Where the normal paid hours fall on a holiday and work is not performed by the employee, such employee shall not lose pay for the day.
Where the employee works on the holiday, such employee shall be paid in accordance with Clause 16 of this award.
(3) Sick Leave
For each year of service with the employer the employee shall not be entitled to leave in excess of an amount calculated as follows:
Average number of hours
worked in each week x 8
(4) Compassionate Leave
Where a part-time employee would normally work on any or all of the three working days following the death of a close relative which would entitle an employee on weekly hiring to compassionate leave in accordance with Clause 13 of this award, the employee shall be entitled to be absent on compassionate leave on any or all of those three working days without loss of pay for the day or days concerned.
(5) Overtime
A part-time employee who works in excess of the hours fixed under the contract of employment shall be paid overtime in accordance with Clause 23 of this award.
(c) Employment shall be terminated by a week's notice on either side given at any time during the week or by the payment or forfeiture of a week's wages, as the case may be. This shall not affect the right of the employer to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct, and in such cases the wages shall be paid up to the time of dismissal only or to deduct payment for any day the employee cannot be usefully employed because of any strike, or through any breakdown in machinery or any stoppage of work, by any cause for which the employer cannot be reasonably held responsible.
(d) Any employee not attending for duty shall, except as provided by Clause 29 - Sick Leave, lose pay for the actual time of such non- attendance.
(e) Casual Employment
A casual employee, for working ordinary time, shall be paid 20% above the equivalent hourly rate of the weekly rate prescribed by this award for the work which he or she performs.
(f) Late Comers
Notwithstanding anything elsewhere contained in this award the employer may select and utilise for time-keeping purposes, any fractional or decimal proportion of an hour (not exceeding a quarter of an hour) and may apply such proportion in the calculation of the working time of employees who, without reasonable cause promptly communicated to the employer, report for duty after their appointed starting times or cease duty before their appointed finishing times.
The employer shall apply the same proportion for the calculation of overtime.
(g) Abandonment of Employment
(i) The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned employment.
(ii) PROVIDED THAT if within a period of fourteen days from the employee's last attendance at work or the date of his or her last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of the employer that the employee was absent from reasonable cause, the employee shall be deemed to have abandoned employment.
(iii) Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the later.
