AT794071 - Queensland Local Government Officers' Award 1998 [Transitional]
[17 Probationary employment title changed and substituted by PR958449 ppc 30May05; PR958449 stayed by PR959376; PR959376 set aside by PR962423 from 09Sep05]
17.1 Types of Employment
Officers under this award will be employed in one of the following categories:
At the time of engagement an employer will inform each officer of the terms of their engagement and in particular whether they are to be full time, regular part time, casual or maximum term.
17.2 Full time employment means employment which requires the employee to work 36¼ ordinary hours per week or such ordinary hours as determined in accordance with subclause 13.1.2. Full time employment does not include part time or casual or maximum term employment as defined by this award.
17.3 Part-time employment means employment for less than the normal weekly ordinary hours specified for a full-time officer, for which all award entitlements are paid on a pro-rata basis.
17.4 At the time of engagement the employer and the part-time officer will agree in writing on a pattern of work relevant to the position.
[17.5 substituted by PR965535 ppc 08Sep05]
17.5 A part-time officer employed under the provisions of this clause must be paid at an ordinary hourly rate calculated by dividing the annual award salary for the classification in which the officer is employed by 52 and dividing the result by 36¼.
17.5.1 Part-time officers who at 9 August 2005 were entitled to receive a 10% loading under the provisions of the award will continue to receive this loading provided however that the loading will be reduced to 5% on and from the first pay period commencing on or after 9 August 2005 and 0% on and from the first pay period on and from 9 August 2006.
17.6 All time worked in excess of the hours mutually agreed will be overtime and paid for at rates set out in clause 15 - Overtime.
17.7 Casual officer shall mean an officer engaged and paid as such by a respondent, who is employed on an hourly basis, and whose employment is subject to termination at any time without notice subject to payment of the minimum engagement period as prescribed in subclause 17.9.
17.8 Hours of Duty & Meal Breaks - Casual Officer
The ordinary hours of duty of casual officers shall be a maximum of 36 and one quarter per week or 7 and one quarter per day. These ordinary hours shall be worked between the hours of 6.00am and 9.30pm Mondays to Fridays, both days inclusive; and between the hours of 6.00am and 12.00 noon on Saturdays.
17.9 Minimum Period of Engagement - Casual Officer
Casual officers shall be provided with a minimum period of three hours work on each engagement or be paid for a minimum of three hours at the appropriate casual rate. Provided that full-time students engaged as casuals in libraries shall be provided with a minimum period of two hours work on each engagement or be paid a minimum of two hours at the appropriate casual rate.
17.10 Rates of Pay—Casual Officer
[17.10 substituted by PR965535 ppc 08Sep05]
The ordinary hourly rate of pay of casual officers shall be ascertained by dividing the annual salary for the classification in which the officer is employed by 52, dividing the resultant answer by 36¼ and adding the following loadings:
Loading on hourly rate | |||
For all ordinary time worked between |
On and from 1st pay period after 9 August 2005 |
On and from1st pay period after 9 August 2006 | |
6.00 a.m. and 6.00 p.m. |
Mon-Fri (both inclusive) |
22% |
25% |
6.00 p.m. and 9.30 p.m. |
Mon-Fri (both inclusive) |
28% |
31% |
6.00 a.m. and 12 noon |
Saturdays |
28% |
31% |
17.11 Overtime - casual employee
All time worked by a casual officer outside or in excess of the ordinary hours of duty prescribed by subclause 17.8 above shall be deemed overtime, and be paid for at the appropriate hourly rate, plus 50% on Mondays to Fridays, and plus 100% on Saturdays and Sundays.
17.12 Casual Conversion
This provision shall apply to a casual officer who has been engaged to work a sequence of periods of employment during a period of 6 months.
17.13 A casual officer who has been engaged in accordance with subclause 17.13 shall, at the completion of 6 months service, have a right to elect to have their employment converted to full-time or part-time employment if it could be reasonably expected that their employment is to continue. The employer shall advise the officer in writing of their right to elect to have their employment converted to full-time or part-time employment. The officer retains his or her right of election under this clause if the employer fails to comply with this subclause.
17.14 An officer who elects to convert shall be employed as either a part-time or full time officer according to the pattern of ordinary hours worked in the preceeding 6 months period or otherwise by mutual agreement in writing.
17.15 An officer must not be engaged and re-engaged to avoid any obligation under this Award.
17.16 These casual conversion provisions will have effect one month after 30 May 2005 for officers who had, at that date worked a sequence of periods of employment during a period of 6 months.
17.17 Other Conditions - Casual Officer
The provisions of the following clauses shall not apply to casual officers 12.1, 13, 14, 15, 16 (other than 16.6), 23, 24 26, 31 and 32. All other provisions of the award shall apply except to the extent they are superseded or modified by the provisions of this clause.
17.17ACaring responsibilities
[17.17A inserted by PR968894 ppc 13Dec05]
17.17A.1 Subject to the evidentiary and notice requirements in 24.7.5 and 24.7.6, casual employees are entitled to not be available to attend work, or to leave work:
17.17A.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.
17.17A.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.
[17.18 substituted by PR967147 ppc 23Dec05]
17.18 Maximum term employment means employment for a specified period of time or for a specified task and which (subject to “notice of termination” requirements) may be terminated at any time by a respondent or by an officer.
A maximum term contract can be terminated in accordance with Clause 31 of this award by the employer only in the following circumstances:
17.19 An officer employed on a maximum term contract in accordance with this clause may terminate a contract by the giving of four weeks notice or the forfeiture of wages for any shortfall in the four weeks period of notice.
17.20 Maximum-Term Conversion
[17.20 substituted by PR967147 ppc 23Dec05]
This award shall apply to an officer employed on a maximum term contract except to the extent that the award expressly provides that it does not apply. The provisions of clause 32 - Redundancy will apply to an officer employed on a maximum term contract except where the contract runs its full term.
[17.21 deleted by PR967147 ppc 23Dec05]
[17.22 deleted by PR967147 ppc 23Dec05]
[17.23 deleted by PR967147 ppc 23Dec05]
[17.24 deleted by PR967147 ppc 23Dec05]
[17.25 deleted by PR967147 ppc 23Dec05]
