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AP834748 - Industrial Catering, Cleaning and Incidental Services (AWU and LHMU) Award 2000

11. EMPLOYMENT CATEGORIES

11.1 General

11.1.1 Employees under this award will be employed in one of the following categories:

11.1.1(a) full-time employees; or

11.1.1(b) regular part-time employees; or

11.1.1(c) casual employees.

11.1.2 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, regular part-time or casual.

11.2 Full-time employee

Refers to an employee who works an average of 38 hours per week over a work cycle, between Monday and Friday inclusive.

11.3 Regular part-time employee

11.3.1 An employer may employ regular part-time employees in any classification in this award.

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

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

11.3.2(b) works regularly week to week on a fixed roster of working hours; and

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

11.3.3 At the time of engagement the employer and the regular part-time employee will agree in writing, on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

[11.3.4 substituted by T4388 ppc 27Nov00]

11.3.4 Any agreed variation to the regular pattern of work will be recorded in writing in the week prior to the alteration. Hours on a particular day may be extended by agreement to a maximum of 8 ordinary hours. Agreement so reached will be recorded in writing as soon as is practicable.

11.3.5 An employer is required to roster a regular part-time employee for a minimum of four consecutive hours on any shift.

11.3.6 An employee who does not meet the definition of a regular part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with 11.4.

11.37 All time worked in excess of the hours rostered or otherwise agreed pursuant to 11.3.3 or 11.3.4 will be overtime and paid for at the rates prescribed in clause 32 - Overtime.

11.3.8 A regular part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

11.3.8(a) An exception to this is any person who is employed as a part-time employee and whose employment terminates prior to the completion of one month of employment shall be paid as a casual employee at the rates prescribed in 11.4.3. This provision does not apply to an employee who terminates their own employment, or is dismissed for misconduct.

11.4 Casual employee

11.4.1 A casual employee is an employee engaged on an hourly contract of service.

11.4.2 Casual employees shall not be engaged for less than two consecutive hours per time.

11.4.3 A casual employee must be paid per hour at the rate of 1/38th of the weekly rate prescribed for the class of work performed, plus the appropriate addition to that rate:

11.4.3(a) Monday to Friday: 50 per cent.

11.4.3(b) Saturday: 50 per cent for the first two hours worked and 100 per cent for the rest of the time worked.

11.4.3(c) Sunday: 100 per cent for all time worked.

11.4.3(d) Public Holidays: 150 per cent for all time worked.

11.4.4 The provisions of the following clauses do not apply to casuals:

Clause title

Clause number

   

Annual leave

33

Sick leave

34.3

Jury service

36

Public holidays

38

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