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AP766738CRV - Adult and Community Education Professional Administrative Clerical Computing and Technical (PACCT) Staff Award 1999

PART 4 - EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIPS AND RELATED ARRANGEMENTS 

9. BASIS OF EMPLOYMENT

9.1 The Committee may employ persons on a full time or regular part time basis on an on-going or fixed term contract, or on a casual basis.

9.2 On engagement a full time or part time employee must, and where practicable a casual employee will, be given written notification by the Committee of:

9.2.1 the classification of the position to which the employee is appointed

9.2.2 the salary of the employee

9.2.3 the hours of duty and times of attendance.

9.2.4 the terms and conditions of employment applicable to the employee.

9.2.5 a job description for the position, setting out the duties of and skills required for the position

9.3 Regular part-time employment.

A regular part-time employee is entitled to all the provisions of this award, but where appropriate, calculated on a pro rata basis.

9.4 Casual employment

9.4.1 A casual employee is paid per hour the ordinary rate for level one of the classification of the position plus a loading of 20% in lieu of the leave provisions of the award.

9.4.2 A casual employee is paid for a minimum of 3 hours for each attendance, whether or not the time for which the person is hired or attends is less than 3 hours.

9.4.3 Casual employees are not entitled to leave of any kind.

9.4.4 A casual employee, who after the commencement of this award is subsequently employed by the same employer on a fixed-term or ongoing basis, is entitled to the following:

9.4.4(a) All periods of their casual employment with that employer after the making of this award will be credited as service for the purpose of long service leave, and

9.4.4(b) An accumulated period of 520 hours of casual service with that employer being credited as a year of service for the purpose of incremental advancement, but not beyond the second incremental level.

9.5 Fixed-term employment

9.5.1 A fixed term employee may be employed on either a full or regular part time basis.

9.5.2 All the provisions of this award apply to fixed-term employees for the duration of the fixed-term.

9.5.3 On engagement, a fixed-term employee, must be given in addition to information referred to in clause 9.2, written notification of the date on which the employment is to commence and the date on which the employment is to terminate.

Any person not in receipt of such written notification upon appointment is deemed to be employed on an ongoing basis.

9.5.4 The use of fixed-term employment shall be limited to employment in the following circumstances:

9.5.4(i) Where the position is funded from a specific purpose grant for a project of limited duration,

9.5.4(ii) Where the position is vacant as a result of an employee's absence on Long Service Leave, Leave Without Pay, Maternity Leave or secondment or while filling any other short-term vacancy,

9.5.4(iii) Where the practicality of permanently filling a newly-created position is dependent on reaching specifically defined targets in relation to course participation or revenue generation.

Provided that no position can be filled for more than 5 years on a fixed-term basis. This includes a position replacing any other position with substantially similar duties.

9.5.5 At least one month prior to the expiry of a period of fixed-term employment the employee will be advised of the employers intention to renew, or not to renew employment upon the expiry of the contract.

9.5.6 An employee who has been employed continuously on a fixed-term basis for five years with the same employer is deemed to be an on-going employee.

9.5.7 Where a fixed-term employee is immediately after or during the course of his or her term of appointment, employed by the same employer on an on-going basis, the employee's period of fixed-term service will count in full for all purposes.

9.5.8 Where a fixed-term position is converted to an ongoing position the incumbent, if employed in that position for at least 12 months, is deemed at the expiry of the fixed term to be an on-going employee.

9.5.9 If a fixed-term employee is awarded an increment pursuant to clause 36 the employee's fixed term must be renewed if the position he/she occupies is required for a further fixed-term period.

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