AP799690 - Transport Workers’ (Oil Companies) Award 1998
PART 3 – EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
9. CONTRACT OF EMPLOYMENT
9.1 Nature of employment/termination
9.1.1 Any employee not specifically engaged as a casual employee will be employed by the week. Employment will be terminated by the appropriate period of notice prescribed by legislation. This will not affect the right of the employer to dismiss an employee without notice or payment in lieu of notice for inefficiency, neglect of duty or willful misconduct.
9.1.2 Where an employee has given, or been given, notice, that employee will continue in employment until the date of the expiration of the notice.
9.1.3 Any employee, who is absent from work without reasonable cause (proof of which will lie on the employee) will be considered to have abandoned employment and will not be entitled to payment for work done within that period.
9.1.4 An employee (other than an employee who has given, or been given, notice in accordance with this subclause) not attending for duty will, except as provided by clause 22 - Sick leave of this award, lose pay for the actual time of the non-attendance.
9.2 Obligations of an employee under the contract of employment
It is a term and condition of employment and of the obligations and rights accruing under this award that an employee will:
9.2.1 perform the work, including shift work, as the employer will, from time to time, reasonably require, and;
9.2.2 comply with the directions of the employer to work reasonable overtime at any time during the seven days of the week at the appropriate remuneration prescribed in this award, and;
9.2.3 if a shift worker at the end of a shift, is not relieved, as scheduled, the employee will continue to work at the appropriate overtime rate until relieved or otherwise directed by the employer to finish work, and;
9.2.4 use all appropriate protective clothing and equipment provided by the employer for specific circumstances, and;
9.2.5 comply with the employer’s direction to carry out work required for the safety of personnel and plant, and;
9.2.6 comply with the employer’s direction to keep the work-place and equipment in a clean and safe condition, and;
9.2.7 carry out such duties as are within the limit of the employee’s skill, competence and training as directed by the employer.
9.2.8 An employee shall not permit any unauthorised person or persons to accompany the employee on a vehicle or permit any such person or persons to assist in the delivery of goods, wares, merchandise or material unless such person or persons have been engaged as an employee or is the owner of such goods, wares or merchandise or material or is the agent of such owner.
9.3 Obligations of an employer under the contract of employment
9.3.1 Where an employer requires an employee to wear any designated uniform or apparel (together with any sort of safety or special wearing apparel for working in places where it is agreed between the employer and the union that such are necessary), the employer shall supply and launder all such items at the employer’s expense.
9.3.2 Where the employer does not supply and launder such items at its own expense, the employer shall reimburse the employee for any expense incurred by the employee in acquiring and laundering such apparel.
9.3.3 All necessary gear and equipment shall be provided by, and remain the property of, the employer. However, where an employee provides their own gear and equipment an allowance equivalent to the market rate for hiring such items will be paid to the employee on a daily basis.
9.4 Weekly employee
[Sec II:9.4 substituted by PR952598 ppc 20Oct04]
9.4.1 A weekly employee is a full-time or part-time employee whose engagement continues from week to week. Employment may be terminated in accordance with the Workplace Relations Act 1996 (as varied from time to time) by no less than a week’s notice by either the employee or employer or incur forfeiture of a week’s wages unless terminated summarily for misconduct.
9.4.2 Weekly employees to become entitled to payment of the weekly wage prescribed by this award, will be available, ready and willing to perform work as the employer will, from time to time, require on the days, and during the hours, usually worked by that class of employee. Any employee available, ready and willing to work for the whole week, and not justifiably dismissed for any reason will be entitled to a full week’s wage.
9.4.3 An employee may be engaged on a part-time basis and will be entitled to the benefits contained in this award on a pro-rata basis except as otherwise provided in this award. A part-time employee will be engaged for a minimum of 4 consecutive hours per day of work.
9.4.4 Before commencing part-time employment, the employee and employer must agree upon:
(a) the hours to be worked by the employee, the days upon which they will be worked and the commencing and finishing times for the work; and
(b) the classification applying to the work to be performed in accordance with clause 10.1 – Wage Rates
9.4.5 Except as otherwise provided in this award, a part-time employee is entitled to be paid for the hours agreed upon in accordance with 9.4.4(a).
9.4.6 The terms of the agreement pursuant to clause 9.4.4 may be varied by consent.
9.4.7 The terms of the agreement pursuant to clause 9.4.4 or any variation to it shall be in writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer”
9.5 Casual employee
[Sec II:9.5 substituted by PR952598 ppc 20Oct04]
9.5.1 A casual employee is one engaged on an hourly basis and paid as such and whose engagement may be terminated at any time in accordance with the Workplace Relations Act 1996 (as varied from time to time). For working ordinary time, a casual will be paid the appropriate award rate per hour plus 25 per cent for all purposes of the award. The loading is paid in lieu of all leave and termination entitlements.
9.5.2 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.
9.5.3 A casual employee is guaranteed at least one day’s payment for each engagement even if a full day is not worked, providing always that the employee is ready and willing to work a full day.
9.5.4 A casual employee will be notified at the end of the day if the employee’s services are not required on the next working day; failing such notice, a full day’s wages will be paid for the next working day.
9.5.5 The time to be worked by a casual employee, without payment of overtime, will not exceed the hours as prescribed in clause 15 - Hours of work of this award on any day, Monday to Friday inclusive.
9.5.6 Conversion of casual employment
9.5.6(i) A casual employee, other than an irregular casual employee as defined in clause 9.5.6(xi), who has been engaged on a regular and systematic basis by a particular employer for a sequence of periods of employment under this Award during a period of at least 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.
9.5.6(ii) An employer of such an employee shall give the employee notice in writing of the provisions of clause 9.5.6 within four weeks of the employee having attained such period of twelve months.
9.5.6(iii) The employee retains his or her right of election under this clause even if the employer fails to comply with clause 9.5.6(ii).
9.5.6(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.
9.5.6(v) Any casual employee who has a right to elect under clause 9.5.6(i), upon receiving notice under clause 9.5.6(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. A 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.
9.5.6(vi) A casual employee who has elected to be converted to a full-time employee or a part-time employee in accordance with Clause 9.5.6(v), may only revert to casual employment by written agreement with the employer.
9.5.6(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 9.5.6(iv), the employer and employee and subject to clause 9.5.6(v), shall discuss and consider:
(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 9.4.
9.5.6(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, working the same number of hours and times of work as previously worked, unless other arrangements are agreed upon between the employer and employee.
Upon such agreement being reached, the employee shall convert to full-time or part-time employment.
Where, in accordance with clause 9.5.6(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.
9.5.6(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.
9.5.6(x) An employee must not be engaged, disengaged and re-engaged to avoid any obligation under this Award.
9.5.6(xi) An “irregular casual employee” is one who has been engaged to perform work on an intermittent or irregular basis including where hours of work are uncertain or to replace a weekly employee who is rostered off or absent..
9.5.6(xii) The provisions of clause 9.5.6 do not apply to irregular casual employees.
9.5.7 Caring responsibilities – casual workers
[Sec II:9.5.7 inserted by PR969218 ppc 01Mar06]
9.5.7(a) Subject to the notice and evidentiary requirements in 22.5 and 22.6, casual employees are entitled to not be available to attend work, or to leave work:
9.5.7(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.
9.5.7(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.
