AT817064 - Residential Aged Care (Hostels) Award 2002 [Transitional]
10.1 Casual employee means an employee engaged on an hourly contract of employment and who is not entitled to paid leave.
10.2 A casual employee shall be paid 20% in addition to the rates specified in this award for their class of work.
10.3 Right to convert to full or part-time employment
10.3.1 A casual employee engaged by one employer on a regular and systematic basis for a sequence of periods of employment during a period of six months may elect to convert their contract of employment to full or part-time employment.
10.3.2 The employer shall give such an employee written notice of the provisions of this subclause within four weeks of the end of the six months.
10.3.3 An employee who does not make an election within four weeks of receiving written notice under 10.3.2 is deemed to have elected not to convert.
10.3.4 Where an employer fails to give the notice required in 10.3.2, the employee may at any time thereafter elect to convert to full or part-time employment by giving the employer four weeks written notice. The employer shall consent to or refuse the election within four weeks of receiving the notice but shall not unreasonably refuse. Any dispute about a refusal of an election shall be dealt with through the dispute settlement procedure.
10.3.5 Once an employee has converted to full or part-time employment, the employee may only revert to casual employment by written agreement with the employer.
10.3.6 By agreement between the employer and the majority of employees in the workplace, or section of it, or with the casual employee concerned, the employer may apply this subclause as if the reference to six months is a reference to twelve months, but only in respect of employees engaged at the date of this award. Any such agreement shall be recorded in the time and wages record.
