AT779695 - Domino’s Pizza -Delivery Drivers Award 1999 [Transitional]

PART 2 - TERMS AND CONDITIONS OF EMPLOYMENT 

6. TYPES OF EMPLOYMENT

6.1 At the point of engagement employees may be offered employment on a full-time or casual basis.

6.2 Casual Employment

[6.2 substituted by PR946705 ppc 01Jun04]

Casual employees will be advised of the nature of their employment at the point of engagement.

6.2.1 Upon engaging a person for casual employment, the employer must inform the employee then and there that they are to be employed as a casual, stating by whom they are employed, the duties, the actual or likely number of hours required (without the employee being guaranteed to work those hours), and the relevant rate of pay.

6.2.2 An employer shall wherever practicable notify a casual employee during their working hours that their services are not required the next working day.

6.3 Conversion of Casual Employment

[6.3 inserted by PR946705 ppc 01Jun04]

6.3.1 A casual employee, other than an irregular casual employee as defined in clause 6.4.10, who has been engaged by a particular employer for a sequence of periods of employment under this Award during a period of twelve months shall thereafter have the right to elect to have his or her contract of employment converted to full-time employment if the employment is to continue beyond the conversion process.

6.3.2 An employer of such an employee shall give the employee notice in writing of the provisions of clause 6.3 within four weeks of the employee having attained such period of twelve months.

6.3.3 The employee retains his or her right of election under this clause even if the employer fails to comply with clause 6.3.2

6.3.4 A casual employee who does not, within four weeks of receiving written notice, elect to convert his or her contract of employment to full-time employment will be deemed to have elected against any such conversion.

6.3.5 Any casual employee who has a right to elect under clause 6.3.1, upon receiving notice under clause 6.3.2 or after the expiry of the time for giving such notice, may give four weeks notice in writing to the employer that he or she seeks to elect to convert his or her contract of employment to full-time or part-time employment, and within four weeks of receiving such notice the employer shall either consent to or refuse the election but shall not unreasonably so refuse. Any dispute about a refusal of an election to convert a contract of employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.

6.3.6 A casual employee who has elected to be converted to a full-time employee, may only revert to casual employment by written agreement with the employer.

6.3.7 An employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment

Where, in accordance with clause 6.3.5 an employer refuses an election to convert, the reasons for doing so shall be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.

6.3.8 Any dispute about the arrangements to apply to an employee converting from casual employment to full-time employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.

6.3.9 An employee must not be engaged, disengaged and re-engaged to avoid any obligation under this Award.

6.3.10 An “irregular casual employee” is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

6.3.11 The provisions of clause 6.3 do not apply to irregular casual employees.