AP838502 - Post Fulfilment Online Consent Award 2004
12.1 A casual employee may be engaged for work on an hourly basis at any time, on any day of the week.
12.2 Casual employees shall be engaged for a minimum period of three hours on each occasion required.
12.3 A casual employee’s hours of duty shall be allocated on the following basis:
12.3.1 a maximum of five days in any week, unless by agreement an employee is willing to work six days;
12.3.2 a maximum of 10.5 hours (exclusive of meal breaks) on not more than two occasions per week;
12.3.3 a maximum of 38 hours in any week;
12.3.4 a minimum ten hour break shall be provided between completion of work on one day (including overtime) and the commencement of work on the following day; and
12.3.5 start times may be changed by agreement with the employee prior to the employee’s arrival for work.
12.4 A casual employee shall be entitled to overtime at the applicable rates expressed for permanent employees in clause 24.5 when they work:
12.4.1 in excess of 10.5 hours on any day (exclusive of meal breaks), subject to clause 12.3.2;
12.4.2 in excess of 38 hours in any week; and
12.4.3 in excess of six days in any week, subject to clause 12.3.1.
12.5 A casual employee shall be entitled to be paid a meal allowance in accordance with the provisions outlined for permanent employees (clause 17.4).
12.6 A casual employee shall receive meal breaks and rest breaks in accordance with those of a permanent worker dependent upon when such breaks fall due.
12.7 Additional loadings and penalties for casual employees
12.7.1 In lieu of entitlements to sick leave, annual leave, public holidays or other forms of leave (excluding long service leave and parental leave for eligible casual employees), a casual employee shall be paid a loading of 20% for all hours worked, other than overtime.
12.7.2 In addition to the loading specified in clause 12.7.1, casuals shall be entitled to the following penalties within the specified times:
Penalty to be paid in addition to the base casual loading of 20%
Between 10.00 p.m. to midnight Monday to Friday |
10% |
Between midnight to 5.00 a.m. Monday to Saturday |
30% |
Between 8.00 p.m. to 10.00 p.m. Saturday |
25% |
Between 10.00 p.m. to midnight Saturday |
50% |
Between midnight Saturday to 7.00 a.m. Sunday |
100% |
Between 7.00 a.m. to 8.00 p.m. Sunday |
50% |
Between 8.00 p.m. to midnight Sunday |
50% |
Between midnight Sunday to 5.00 a.m. Monday |
30% |
Public holidays (midnight to midnight) |
150% |
12.7.3 Provided that:
12.7.3(a) additional penalties shall be paid on actual hours worked;
12.7.3(b) juniors shall be entitled to such penalties to be based upon their ordinary time rate as determined by clause 14.1; and
12.7.3(c) the casual loading and any additional penalties as prescribed in this clause are to be separately calculated on the ordinary time earnings rate.
12.8 Casual employment caring responsibilities
[12.8 inserted by PR969136 ppc 09Dec05]
12.8.1 Subject to the evidentiary and notice requirements in clause 28.1.2 and 28.1.3 casual employees are entitled to not be available to attend work, or to leave work:
12.8.2 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.
12.8.3 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.
