AP829982 - Metal Industry (Victorian Public Hospitals) Award 2002

10. CONTRACT OF EMPLOYMENT

10.1 Full-time employment

Except as provided in 10.3 hereof employment shall be by the week. Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.

10.2 Part-time employment

A part-time employee is one who is engaged to work, on a regular basis, less than the ordinary working hours prescribed in accordance with clause 21 - Hours of work, of this award. Such employment shall be by the fortnight.

10.2.1 A part-time employee shall be engaged to work a fixed and constant number of hours per fortnight as shall be agreed by the employer and the employee.

10.2.2 A part-time employee shall receive payment on a pro rata basis for recreation leave, long service leave, sick leave and public holidays which fall upon a day on which such an employee would normally work.

10.2.3 Work performed in excess of the fixed number of working hours of a part-time employee shall be at the ordinary hourly rate. Provided that a part-time employee shall be entitled to overtime for work performed outside the ordinary hours as determined in accordance with clause 21 - Hours of work.

10.2.4 The other conditions of employment of a part-time employee shall be those prescribed elsewhere in this award except to the extent that they are superseded or modified by the provisions of this clause.

10.3 Casual employment

[10.3 varied by PR940174 ppc 03Oct03]

A casual employee is one engaged and paid as such. A casual employee for working ordinary time shall be paid per hour 1/38th of the weekly rate prescribed from time to time by clause 13 - Classifications and wage rates, for the work which he or she performs, plus 25 per cent.

10.3.1 Caring responsibilities

[10.3.1 inserted by PR970582 ppc 24Mar06]

10.3.1(a) Subject to the evidentiary and notice requirements in 27.7 and 27.8 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.

10.3.1(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.

10.3.1(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.