AP772288 - CSIRO (Salaries and Conditions of Service) Award 1999
PART 3 - EMPLOYMENT RELATIONSHIP
10. TYPES OF EMPLOYMENT
10.1 Types of employment: Employees shall be appointed on the basis of one of the following types of employment:
10.2 Subject to 10.6, indefinite employment will be the standard form of employment in CSIRO.
10.3 Employees in the listed types of employment may be appointed to work full-time or part-time hours.
10.4 At the time of appointment, the employer will inform each employee in writing of the terms of their appointment, including:
10.5 Casual employment
10.5.1 Definition: ‘Casual employment’ shall mean a person who is employed by the hour and paid on an hourly basis to cover genuine temporary need. Subject to 17.17, a casual employee shall be paid for work performed as ordinary duty at an hourly rate based on:
10.5.1(a) the appropriate salary of one of the classification levels prescribed in clause 12; and
10.5.1(b) the number of ordinary hours per week that would apply to a full-time employee on that salary level at the location at which the casual employee is employed.
10.5.2 In calculating the hourly rate, a 20 percent loading will be paid to employees appointed on a casual basis, in recognition that casual employees do not have access to certain entitlements.
10.5.3 Casuals not to access certain entitlements: Casual employees are not entitled to the following:
and are not covered by clauses 29, 14.4 and 11.
10.5.4 Casuals directed to leave work: Where, because there is insufficient work available on any one day, a casual employee is directed to leave work, that employee shall receive payment for the hours worked and for the remainder of the previously agreed hours of work for that day.
10.5.5 Period of employment: Casual employees shall normally be employed for a maximum of 441 hours (equivalent to 12 weeks of 36.75 hours) in any 12 month period.
Such employment may be extended for a further period by agreement between CSIRO and the employee.
10.5.6 Employment may be terminated: The employment of a casual employee may be terminated at any time provided that the employee shall be entitled to receive payment for the hours the employee was appointed to work on the day the employee is advised of the termination of employment.
10.6 Specified term employment
10.6.1 Definition: “Specified term employment” means employment for a specified period of time.
10.6.2 Appointment: CSIRO may appoint an employee for a specified term in the following circumstances:
10.6.2(a) where the appointment is to cover the temporary absence of another employee on a recognised form of leave or secondment/temporary transfer.
10.6.2(b) where the appointment is clearly of a limited term nature in that the work:
10.6.2(b)(i) has specifically defined objectives related to the period of the term; and
10.6.2(b)(ii) requires skills which cannot be provided by existing employees or requires the commitment of resources beyond the capacity of the existing number of indefinite staff; and
10.6.2(b)(iii) on the balance of probabilities, after the work is completed there will be no ongoing need for the skills being sought or there will be sufficient competent indefinite staff available to satisfy the requirements of ongoing existing and foreseeable funded activities.
10.6.2(c) to cope with seasonal periods of peak load.
10.6.2(d) where CSIRO wishes to employ a recognised specialist in a field for a short period.
10.6.2(e) where appointment is as a designated Post-Doctoral Fellow for which a training/development program has been devised.
10.6.2(f) where appointment is as a designated trainee, including a bona fide apprenticeship scheme or a government sponsored employment and training scheme.
10.6.2(g) where an external appointment is made to a senior management position.
10.6.2(h) where a specified term appointment is preferred by the appointee and this is acceptable to CSIRO.
10.6.3 There will be no link between funding source and the decision to appoint a person on a term. These criteria shall also apply to the reappointment of an employee to a further term appointment.
10.6.4 Duration of specified term employment
10.6.4(a) With the exception of appointments or reappointments made in accordance with 10.6.2(g) and 10.6.2(h) of this award, no single period of term employment or aggregate of continuous periods of term employment shall exceed 5 years.
10.6.4(b) The total period of employment as a Post-Doctoral Fellow may not exceed 3 years and the date of final cessation of the Fellowship will be no later than the date on which the employee’s work experience, relevant to his/her discipline (both inside and outside CSIRO), since confirmation of his/her doctorate, totals six years.
10.6.4(c) For the purposes of this sub-clause, an employee appointed for one or more specified terms will be regarded as having continuous service over the cumulative period of the term(s), subject to no break between periods of employment by CSIRO being greater than 6 months, provided that the periods of employment involve essentially the same work in the same Division/organisational unit.
10.6.5 Records and advice: CSIRO will maintain a record of all term appointments and reappointments using the proforma in Appendix A to this award. This information shall be made available on request to staff representatives, including unions.
10.7 Part-time work
10.7.1 Definition: A part-time employee is an employee who:
10.7.2 Agreement in writing: Prior to commencing part-time work, CSIRO and the part-time employee shall agree in writing on a regular pattern of work, specifying the hours worked each day, which days of the week the employee will work, the actual starting and finishing times each day, and whether the part-time work is for a specified period. No pressure will be exerted on full-time employees to convert to part-time work or to transfer to another position to make way for part-time work.
10.7.3 Variation: Any part-time work arrangement may be varied by agreement. Such variation shall be recorded in writing.
10.7.4 Rate for ordinary and additional hours worked: A part-time employee shall be paid for ordinary hours worked at the rate prescribed for the employee’s classification. Additional hours may be worked by mutual agreement:
10.7.4(a) Within the bandwidth Monday to Friday, provided that where average weekly hours over a four week period exceed the specified weekly hours, there is payment at the ordinary rate for the additional hours worked. Payment shall be at the employee’s normal hourly rate except where hours worked exceed 38 hours in one week, in which case clause 17 applies.
10.7.4(b) Outside the bandwidth, in which case clause 17 applies.
10.7.5 Consideration of employee initiated proposals: Employee initiated proposals for part-time work will be considered promptly and with due consideration for the reasons put forward by the employee in support of the proposal. Such consideration will be subject to operational requirements.
10.7.6 Reversion: Where a full-time employee has entered into a part-time work arrangement, the following provisions apply:
10.7.6(a) Where the arrangement is for a specified period, the employee will revert to full-time employment at the expiry of the specified period in the absence of an agreement for the arrangement to continue or be otherwise varied.
10.7.6(b) Where the arrangement is not for a specified period, and the employee wishes to revert to full-time employment, the employee will notify CSIRO. CSIRO will revert the employee to full-time status as soon as practicable.
