AP787043 - Liquefied Petroleum Gas Industry Award 1998
16.1 Probationary Employment
16.1.1 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. The employee must be advised in advance that the employment is probationary and of the duration of the probation which can be up to but not exceed three months.
16.1.2 A probationary employee is for all purposes of the award a full-time or part-time employee.
16.1.3 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.
16.2 Full-Time Employment
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.
16.3 Casual Employment
16.3.1 The employer may employ casual employees in accordance with the provision of this clause.
[16.3.2 substituted by PR947740 ppc 15Jun04]
16.3.2 A casual employee will be paid at an hourly rate equal to the appropriate weekly rate of pay prescribed in this award for the classification in which the casual is employed, divided by the number of hours per week prescribed by this award for that position and to the result adding twenty five per cent.
16.3.3 All time worked by a casual employee outside the hours of 6.00am and 6.00pm Monday to Friday inclusive, or in excess of seven hours thirty six minutes per day, will be overtime and will be paid for at the rate of time and a half for the first two hours and double time thereafter provided that:
16.3.3(a) there will be a minimum payment for two hours at the rate of time and a half for all time worked on Saturday;
16.3.3(b) there will be a minimum payment for four hours at the rate of double time for all time worked on Sunday.
[16.3.4 inserted by PR947740 ppc 15Jun04]
16.3.4 Upon engaging a person for casual employment, the employer must inform the employee then and there that they are to be employed as a casual, stating by whom they are employed, the duties, the actual or likely number of hours required (without the employee being guaranteed to work those hours), and the relevant rate of pay except as otherwise specified in this award. A casual employee will be engaged for a minimum of four consecutive hours per day of work.
16.3.5 Conversion of Casual Employment
[16.3.5 inserted by PR947740 ppc 15Jun04]
16.3.5(i) A casual employee, other than an irregular casual employee as defined in clause 16.3.5(xi), who has been engaged by a particular employer for a sequence of periods of employment under this Award during a period of twelve months shall thereafter have the right to elect to have his or her contract of employment converted to full-time employment or part-time employment if the employment is to continue beyond the conversion process.
16.3.5(ii) An employer of such an employee shall give the employee notice in writing of the provisions of clause 16.3.5 within four weeks of the employee having attained such period of twelve months.
16.3.5(iii) The employee retains his or her right of election under this clause even if the employer fails to comply with clause 16.3.5(ii).
16.3.5(iv) A casual employee who does not, within four weeks of receiving written notice, elect to convert his or her contract of employment to a full-time employment or a part-time employment will be deemed to have elected against any such conversion.
16.3.5(v) Any casual employee who has a right to elect under clause 16.3.5(i), upon receiving notice under clause 16.3.5(ii) or after the expiry of the time for giving such notice, may give four weeks notice in writing to the employer that he or she seeks to elect to convert his or her contract of employment to full-time or part-time employment, and within four weeks of receiving such notice the employer shall either consent to or refuse the election but shall not unreasonably so refuse. Any dispute about a refusal of an election to convert a contract of employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.
16.3.5(vi) A casual employee who has elected to be converted to a full-time employee or a part-time employee, may only revert to casual employment by written agreement with the employer.
16.3.5(vii) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with clause 16.3.5(i), the employer and employee in accordance with this subparagraph, and subject to clause 16.3.5(iii), shall discuss and agree upon:
(a) which form of employment the employee will convert to, that is, full-time or part-time; and
(b) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked, as set out in clause 16.4.
16.3.5(viii) An employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed upon between the employer and employee.
Following such agreement being reached, the employee shall convert to full-time or part-time employment.
Where, in accordance with clause 16.3.5(v) an employer refuses an election to convert, the reasons for doing so shall be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.
16.3.5(ix) Any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.
16.3.5(x) An employee must not be engaged, disengaged and re-engaged to avoid any obligation under this Award.
16.3.5(xi) An “irregular casual employee” is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.
16.3.5(xii) The provisions of clause 16.3.5 do not apply to irregular casual employees.
16.4 Part-Time Employment
16.4.1 An employer may employ part-time employees in any classification in this award.
16.4.2 A part-time employee is an employee who:
16.4.2(a) works less than full-time hours of 38 per week; and
16.4.2(b) has reasonably predictable hours of work; and
16.4.2(c) receives on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
16.4.3 At the time of engagement the employer and the part-time employee will agree in writing, on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.
16.4.4 Any agreed variation to the regular pattern of work will be recorded in writing.
16.4.5 An employer is required to roster a regular part-time employee for a minimum of three consecutive hours on any shift.
16.4.6 An employee who does not meet the definition of a regular part-time employee, and who is not a full-time employee, will be paid as a casual employee in accordance with clause 4.2.3.
16.4.7 All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rates prescribed in clause 6.5 of this award.
16.4.8 A part-time employee employed under the provisions of this clause will be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.
16.5 Apprentices
16.5.1 A person cannot be employed as an apprentice in nominated trade areas other than under a contract of apprenticeship as specified in the various State Industrial and Commercial Training Acts.
16.5.2 The contract may only be suspended or cancelled by mutual consent, and subject to the approval of the relevant State Apprenticeship Authority or Commission.
16.5.3 The minimum rate of pay to be paid to an apprentice is calculated at the appropriate percentage of the prescribed rate for the classification in which the apprentice is employed as follows:
In the first year |
40.0% |
In the second year |
55.0% |
In the third year |
80.0% |
In the fourth year |
90.0% |
16.6 Juniors
16.6.1 The minimum rate of pay to be paid to a junior (except a junior employed as an apprentice under subclause 4.2.5) is calculated at the appropriate percentage of the prescribed rate for the classification in which the junior is employed as follows:
Age |
Percentage |
Under 17 years of age |
80 |
At 17 years of age |
90 |
At 18 years of age |
Adult rate |
