AT825520 - Australian Workers’ Union Construction and Maintenance (Western Australia) Award 2003 [Transitional]
9.1 Subject to the exceptions and limitations hereinafter contained any employer shall have the option of engaging any employee either by the week or by the hour.
9.2 If the engagement is by the week it shall be for a continuous period of at least eight weeks.
9.2.1 If the engagement is by the week and the employee absents himself/herself from work his/her wages shall be subject to a deduction proportionate to the length of his/her absence except when absent on paid sick or bereavement leave.
9.3 Subject to 9.2.1 an engagement shall be deemed to be and to continue by the week, unless the employer at the commencement of the engagement or before any change by him/her of a weekly engagement of the employee to an hourly engagement expressly notifies the employee that he/she is to be engaged on an hourly basis.
9.3.1 Upon commencing work with an employer, an employee shall be classified under a classification prescribed in this award, and he/she shall remain upon such classification and be paid the wage prescribed therefore until he/she is re-classified. A weekly employee or an hourly employee shall be entitled to one week's notice or one hour's notice respectively of any proposed re-classification by the employer.
9.4 In the case of an hourly engagement the relevant per hour rate prescribed by this award shall be applicable to the time actually worked by the employee, such time to be reckoned to the nearest quarter of an hour, any odd minutes not exceeding 7.5 in number to be disregarded.
9.5 An employee engaged by the hour shall be paid at an hourly rate calculated to the nearest .05 of a cent equivalent to 1/38 of 52 over 45 point four (52/45.4) of the weekly rate which would be payable pursuant to 12.1, 12.2, 12.3 and 12.5 and clause 13 - Industry and underground allowance, had the employee been engaged by the week.
9.5.1 The hourly rates specified herein take account of loss of earnings in any one year due to the incidence of loss of wages for a period of eight days of unemployment between jobs, and three weeks to cover the incidence of inclement weather.
