AP818787CRV - Clerks (Road Transport Industry) Award 2002

14. TYPES OF EMPLOYMENT

14.1 General

Employees under this award will be engaged as either:

14.1.1 full-time employees;

14.1.2 part-time employees; or

14.1.3 casual employees.

14.2 Regular part-time employment

14.2.1 An employer may employ regular part-time employees in any grade in this award who will be paid on an hourly basis of the weekly rate prescribed for the classification involved.

14.2.2 A regular part-time employee is an employee who:

14.2.2(a) works less than the full-time hours of 38 per week; and

14.2.2(b) has reasonably predictable hours of work; and

14.2.2(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

14.2.3 A regular part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate equal to the appropriate weekly rate, divided by 38 or by the number of the ordinary hours worked by employees, other than casual or part-time employees in the establishment, whichever is the lesser.

14.3 Casual employees

14.3.1 A casual employee is one engaged and paid as such.

14.3.2 Casual employees will be engaged for a minimum of two hours on each day of engagement.

14.3.3 Subject to 14.3.2, casual employees may work up to 25 hours per week, within the spread of hours prescribed by 21.2.

14.3.4 Hours worked in excess of 25 per week will be paid at overtime rates pursuant to 14.3.6.

14.3.5 A casual employee will be paid an hourly rate equal to the appropriate weekly rate divided by 38 or by the number of ordinary hours worked by employees, other than casual or regular part-time employees in the establishment, whichever is the lesser, plus 20% loading.

14.3.6 In addition to normal overtime rates, a casual employee while working overtime or outside the spread of hours (provided the casual employee has worked two hours at ordinary time) will be paid a casual loading of 10% in lieu of the 20% prescribed by 14.3.5.

14.3.7 In addition to the hourly rate prescribed in 14.3.5, casual employees will be paid 1/12th additional loading in lieu of the annual leave entitlement.

14.3.8 Caring responsibilities

[14.3.8 inserted by PR966530 ppc 26Dec05]

14.3.8(a) Subject to the evidentiary and notice requirements in 27.8 and 27.9, 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.

14.3.8(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.

14.3.8(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.