AP820387 - Clerks’ (Oil Companies) Award 2002

13. EMPLOYMENT CATEGORIES

13.1 Full-time Employment

Any employee not specifically engaged as a part-time or casual employee is, unless otherwise stated, a full-time employee for all purposes of this award.

13.2 Casual Employment

[13.2 substituted by PR966529 ppc 26Dec05]

13.2.1 A casual employee, as defined in clause 4 Definitions, will be paid an hourly rate for working ordinary-time to be arrived at by dividing the appropriate rate of pay for one week by the ordinary weekly hours normally worked by other employees in the establishment and adding an amount of 25%.

13.2.2 Caring responsibilities

13.2.2(a) Subject to the evidentiary and notice requirements in 32.8 and 32.9, 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.

13.2.2(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.

13.2.2(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.

13.3 Part-time Employment

13.3.1 Part-time employees will be paid an hourly rate at the rate of 1/35th of the ordinary weekly rate in the grade in which the job is classified by the employer.

13.3.2 Where applicable, the provisions of this award will apply to part-time employees on a pro-rata basis.