AN170120 – Metal and Engineering Industry Award

AN170120 – Metal and Engineering Industry Award

PART II - EMPLOYMENT RELATIONSHIP AND ASSOCIATED MATTERS

1. CONTRACT OF EMPLOYMENT

(a) General

(i) Upon commencing work with an employer, all employees shall be classified at a level prescribed in Part III - WAGES AND RELATED MATTERS, Clause 1 - Wage Rates of this award.

(ii) Further, all employees prior to the commencement of duties shall be provided with advice in writing, of the classification level to which they have been appointed, upon which they shall remain and be paid the wage thereof until reclassified. Further advice in writing will be issued by the employer if an employee is reclassified.

An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

This provision does not deny such employees any award entitlement which might be applicable for performing work of a higher classification; nor does the provision enable the employer to pay an employee at a rate lower than the employee's substantive classification for performing work of a lower classification.

(b) Full-Time Employees

(i) Full-time employee means any person who is engaged on an ongoing full-time basis on one of the work cycles described in Part V - Hours of Work, Penalty Payments and Overtime, Clause 1 - Hours of Work, subclause (a).

(ii) Full-time employees shall be engaged by the week.

(i) Part-time employee means any person engaged to work a set number of hours or days per week. Such hours or days per week shall be less than for a full-time weekly employee.

(ii) Part-time employees engaged to work 20 or more hours per week shall be entitled to the annual leave, holidays with pay and sick leave as prescribed in Part VI - Leave and Holidays with Pay, Clause 1 - Annual Leave, Part VI - Leave and Holidays with Pay, Clause 6 - Holidays with Pay and Part VI - Leave and Holidays with Pay, Clause 2 - Sick Leave, provided that payment therefore shall be made at the rate normally paid to such employees for a similar period of time worked.

The wage rates payable per hour shall be one thirty-eighth of the relevant weekly wage rate.

(iii) Part-time employees engaged to work less than 20 hours per week shall be paid per hour one thirty-eighth of the weekly rates prescribed for the work he or she performs. In addition thereto such employees shall receive 20 percent of the ordinary hourly rate in respect of each hour for which he or she is paid; such additional amount to be payment in lieu of annual leave, sick leave and holidays with pay as prescribed in Part VI - Leave and Holidays with Pay, Clause 1 - Annual Leave, Part VI - Leave and Holidays with Pay, Clause 6 - Holidays with Pay and Part VI - LEAVE AND HOLIDAYS WITH PAY, Clause 2 - Sick Leave.

(iv) The hours per day or days per week may be varied if there is agreement between the employer and the employee.

(d) Casual Employees

(i) Casual employee means any person who is employed on an irregular basis to perform a specific task(s) over a defined time period. At the completion of such period and/or task(s) the contract of employment shall be deemed to be terminated.

(ii) For a casual employee written advice as prescribed in subclause (a) paragraph (ii) of this clause shall in addition clearly state that the employee is engaged as a casual employee.

(iii) The employer shall, at the time of engagement, advise the employee, to the best of the employer's ability, of the period over which they expect to be able to offer ongoing availability of work on an irregular basis and shall regularly review and update this position with the employee as changes occur.

(iv) Where it is the intention of the employer not to re-engage the employee referred to in subclause (d) paragraph (iii) hereof when work becomes available, the employer shall notify the employee in writing of such intention as soon as the decision is made.

(v) A casual employee for working ordinary time shall be paid per hour one thirty-eighth of the ordinary weekly rates prescribed for full-time employees engaged at the equivalent classification level for the work performed, plus 25 percent. Such additional amount to be payable in lieu of annual leave, holidays with pay and sick leave as prescribed in Part VI - LEAVE AND HOLIDAYS WITH PAY, Clause 1 - Annual Leave, Part VI - LEAVE AND HOLIDAYS WITH PAY, Clause 6 - Holidays with Pay and Part VI - LEAVE AND HOLIDAYS WITH PAY, Clause 2 - Sick Leave.

(e) Termination of Employment

(i) Employment for a full-time employee may be terminated only by the giving of one weeks notice by either party or by the payment or forfeiture of one weeks wages as the case may be.

(ii) Employment for a casual employee shall be terminated at the completion of the specific task(s) or time period for which he/she was engaged or by the giving of one hours notice by either party.

(iii) For the purpose of this clause, termination of employment shall include termination with or without notice.

(iv) Nothing in this clause shall affect the right of the employer to dismiss an employee without notice for wilful misconduct or neglect of duty.