AP769412CRV - Business Equipment Industry - Technical Service - Award 1999
12.1.1 An employer may initially engage a full-time or part-time employee for a period of probationary employment for the purpose of determining the employee's suitability for ongoing employment.
12.1.1(a) The employee must be advised in advance that the employment is probationary and of the duration of the probation.
12.1.1(b) The maximum duration of the probationary period shall be three months unless a longer period of probation is reasonable having regard to the nature and circumstances of the employment.
12.1.2 A probationary employee is for all purposes of the award a full-time or part-time employee.
12.1.3 Probationary employment forms part of an employee's period of continuous service for all purposes of the award, except where otherwise specified in this award.
Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in the award.
12.3.1 An employer may engage employees on a casual basis in which case employment may be terminated by an hour's notice given either by the employer or the employee, or by the payment or forfeiture of an hour's wage as the case may be.
12.3.2 A casual employee is one engaged and paid as such, and for working ordinary time shall be paid per hour 1/38th of the weekly wage prescribed by this award for the work which the employee performs, plus twenty per cent.
12.3.3 Caring responsibilities
[12.3.3 inserted by PR965091 ppc 11Nov05]
12.3.3(a) Subject to the evidentiary and notice requirements in 29.8 and 29.9, casual employees are entitled to not be available to attend work, or to leave work:
12.3.3(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
12.3.3(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
12.4.1 An employee may be engaged to work on a part-time basis involving a regular pattern of hours which shall average less than 38 hours per week. An employee so engaged shall be paid per hour 1/38th of the weekly rate prescribed by 18.2 of this award for the work performed.
12.4.2 Part-time employees shall be engaged and paid on a weekly basis and may be terminated by one week's notice given by the employer or the employee or by the payment or forfeiture as the case may be of one week's wages in lieu thereof.
12.4.3 The terms of this award shall apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38 hours.
12.4.4 Public holidays
Where the part-time employee's normal paid hours fall on a public holiday prescribed in clause 32 - Public holidays, of this award 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 32 of this award.
12.5 Employment for a specific period of time or a specific task or tasks
12.5.1 An employee may be engaged on a full-time or part-time basis for a specific period of time or for specific task/s.
12.5.2 The details of the specific period of time or specific task/s shall be set out in writing and retained by the employer. The employer shall provide a copy to the employee.
12.6 Employees in remote locations
Where an employee is sent to a remote location within Australian or overseas, for a period of not less than two years, nothing contained in this award shall prevent an employer from entering into an agreement with such employee regarding conditions of employment which shall apply at such location, providing that when considered as a whole, the agreement provides for conditions of employment not less favourable than those prescribed by this award.
The parties to this award shall observe the terms of the National Training Wage Award 1994 [Print N4816 [N0277]], as amended.
