AP806214CRV - Home and Community Care Award 2001

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

11. EMPLOYMENT RELATIONSHIP

11.1 Multi-skilling

11.1.1 The Company may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training, provided such duties do not promote a narrowing of the employee's skill base.

11.1.2 Provided that where an employee is directed to carry out any work within his/her classification band or work of a lower band, such work shall be performed without reduction in salary.

11.1.3 Provided further that where an employee is directed to carry out work of a higher band, the provisions of the higher duties clause of this award shall apply.

11.1.4 Any direction issued under this clause shall be consistent with an employer's obligation to provide a safe and healthy working environment.

11.2 Full-time employment

The ordinary hours for the provision of home care and personal care shall be 38 per week or 76 hour per fortnight.

11.3 Part-time employment

A permanent part-time employee shall be paid 1/38th of the ordinary rate per hour for the class of work performed and shall be entitled to sick pay, annual leave, long service leave and payment for public holidays on a pro-rata basis in accordance with the hours worked in the performance of such duties.

11.4 Permanent part-time employment with loading

The employer may choose to offer permanent part-time employment to the employee, who will have the choice to forego sick leave, annual leave and payment for public holidays in lieu of a 20% loading on the hourly or shift rate for hours worked.

11.5 Employment for a specific period of time or specific task or tasks

An employee who is engaged on either a full or permanent part-time basis may be employed for a specified period of time and/or a specific project, task or tasks.

11.6 Casual employment

11.6.1 A casual employee is one who is engaged and paid as such.

11.6.2 A casual employee shall be paid a 20% loading on all ordinary hours which is in lieu of annual leave, sick leave and public holidays.

11.6.3 All other award penalty loadings will be paid to casual employees but are to be based on the ordinary hourly rate.

11.7 Probationary employment

11.7.1 Employees may be employed on a probationary basis for their first three months of employment.

11.7.2 An employee who has been employed subject to a probationary period may be terminated at any time during that period without notice and without recourse to remedies for unfair dismissal, pursuant to the terms of the Workplace Relations Act 1996.

11.6.4 Caring responsibilities

[11.6.4 inserted by PR966165 ppc 18Jan06]

11.6.4(a) Subject to the evidentiary and notice requirements in 27.5.3 and 27.5.5, casual employees are entitled to not be available to attend work, or to leave work:

• if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or
• upon the death in Australia of an immediate family or household member.

11.6.4(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.

11.6.4(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.