AP814640 - Launceston City Council Award 2002

12. CONTRACTS OF EMPLOYMENT

12.1 Except as otherwise specified in this award, employment shall be by the week.

12.2 An employee shall be deemed to continue in employment during any absence from work on leave granted in consequence of personal injury or illness in conformity with the provisions of this award and during any period of absence on other leave granted by the employer.

12.3 A part-time employee shall mean an employee engaged to regularly work a fixed number of hours per week less than a full-time employee and shall be paid at an hourly rate equal to the rate prescribed for a full-time employee performing the same work.

12.3.1 A part-time employee shall receive all the entitlements of this award on a pro rata basis.

12.4 Casual employees

12.4.1 A casual employee is engaged by the hour on an irregular basis for relieving work, or work of a casual nature, but does not include an employee who could properly be classified as full-time or part-time under this clause.

12.4.2 Casual employees, except for those mentioned in 12.4.3, shall be paid at the rate provided in this award appropriate for their duties plus a loading of 20%. The provisions of this award relating to annual leave, sick leave, public holidays and overtime shall not apply to casual employees.

12.4.3 Casual employees who are engaged as Museum attendants, Pool attendants, Recreation centre attendants and Reception attendants will receive an hourly rate of $9.50 plus 20% loading. The other provisions of 12.4.2 apply to these casual employees.

12.4.5 Caring responsibilities

[12.4.5 inserted by PR970637 ppc 24Mar06]

12.4.5(a) Subject to the evidentiary and notice requirements in 19.7 and 19.8, 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.

12.4.5(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.

12.4.5(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.

12.5 Temporary employees

12.5.1 A temporary employee is a weekly employee engaged for a fixed period of time usually on a specific task or project. Employment may be full or part-time. Temporary employees receive on a pro rata basis, all entitlements of the award for weekly employees.

12.5.2 The appropriate union is to be notified when a period of temporary employment for an employee is to be extended beyond twelve months.