AT828612 - Transport Workers’ (Virgin Tech) Award 2003 [Transitional]
16.1 General
16.1.1 Employees under this award will be employed in one of the following categories:
16.1.2 At the time of engagement Virgin Tech must inform each employee of the terms of their engagement.
16.2 Full-time employment
Any employee not specifically engaged in casual, relief, fixed-term or part-time employment is a full-time employee, unless otherwise specified in the award.
16.3 Part-time employment
16.3.1 A part-time employee is an employee who:
16.3.2 Before commencing part-time employment, the employee and Virgin Tech must agree:
16.3.2(a) upon the consecutive hours to be worked by the employee each day, the days upon which they will be worked and the commencing and finishing times for the work. Agreement may be achieved through the use of, and acceptance, of published rosters;
16.3.2(b) upon the classification applying to the work to be performed in accordance with clause 20 - Classifications.
16.3.3 The terms of the agreement established in 16.3.2 may be varied by consent between the employee and Virgin Tech.
16.3.4 The terms of the agreement established in 16.3.2 or any variation to it will be in writing and retained by Virgin Tech. A copy of the agreement and any variation to it will be provided to the employee by Virgin Tech.
16.3.5 Except as otherwise provided in this award a part-time employee is entitled to be paid for the hours agreed upon in 16.3.2.
16.3.6 A part-time employee who is required by Virgin Tech to work in excess of the hours agreed upon in 16.3.2, will be paid overtime in accordance with 28.2.
16.3.7 A regular part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.
16.3.8 A part-time employee must be rostered for a minimum of four hours per day on each day that they are rostered for work.
16.3.9 Where the part-time employee’s normal paid hours fall on a public holiday prescribed in clause 34 - Public holidays, the employee will not lose pay for the day. Where the employee works on the holiday, the employee will be paid in accordance with clause 34 - Public holidays.
16.4 Casual employment
16.4.1 Casual employee means an employee engaged as such on an hourly basis to perform work that is either irregular or intermittent or ad hoc.
16.4.2 Minimum hours and rates of pay
16.4.2(a) Casual employees must be employed for a minimum of four hours per day. Casual employees must be paid a minimum amount per hour of 1/38th of the weekly wage applicable to the classification in which they are employed plus 20%.
16.4.2(b) Any casual employee who is required to work more than 7 hours 36 minutes in any day must be paid in accordance with the overtime provisions in this award.
16.5 Relief or fixed term employment
16.5.1 Relief or fixed term employees are those employees employed to:
16.5.1(a) relieve employees who are absent from work on annual leave, long service leave, periods of workers’ compensation exceeding six weeks, two or more rostered days off; or
16.5.1(b) relieve employees who are required to work higher duties to cover employees who are absent from work on the grounds set out in 16.5.1(a);
16.5.1(c) for any other defined period.
16.5.2 Relief or fixed term employees may be engaged as day workers or shift workers.
16.5.3 Relief or fixed term employees may be engaged to replace an employee engaged under 16.2 or 16.3 who are absent from work on the grounds set out in 16.5.1.
16.5.4 Relief or fixed term employees must be paid at an hourly rate of 1/38th of the minimum weekly wage rate of the classification in which they are employed plus 1/38th of the applicable allowances.
16.5.5 Relief or fixed term employees are entitled to the entitlements set out in the following clauses:
Subject matter |
Clause number |
Redundancy |
18 |
Public holidays |
34 |
Sunday work |
29 |
Personal leave |
32 |
Annual leave |
31 |
Jury service leave |
35 |
Rostered days off |
27.3 |
16.5.5(a) The entitlements of a relief or fixed term employee under the above clauses must be calculated on a proportionate basis by reference to the average daily hours worked by the employee during the four week period immediately preceding the taking of the leave or the cessation of the employee’s employment (as applicable).
16.5.5(b) The provisions of clause 27 - Hours of work - day work and shift work, must apply to relief or fixed term employees with the exception of 27.4.3 provided that the make-up of shift strength and replacement of absent employees on shift will be determined on the basis of immediate workload and not automatic.
16.5.5(c) Where a fixed term contract is terminated on the grounds of redundancy before the agreed expiry date the employee will be entitled to a severance payment as provided in clause 18 - Redundancy, or the payment of the balance of their unexpired fixed term.
16.6 Junior employees
16.6.1 Junior rates of pay
16.6.1(a) Junior employees must be paid a minimum wage rate equal to the following percentage of the adult total wage rate for the trade’s assistant classification for which the employee is engaged:
Age |
Percentage of adult minimum
|
% | |
Under 19 |
70 |
19 |
80 |
20 |
100 |
16.6.1(b) Junior employees aged eighteen years or over who are required to drive vehicles or operate equipment and who are in sole charge of the vehicle or equipment, must be paid the adult rate assigned to the class of work that they are required to perform.
