Common use of Casual Conversion Clause in Contracts

Casual Conversion. (a) This clause sets out the process for long term casual employees to apply for conversion to either continuing or fixed-term employment. An employee will not be engaged and re-engaged nor have their hours reduced in order to avoid any obligation under this clause. (b) To be eligible to apply for conversion, a casual employee must be employed on a regular and systematic basis in the same or a substantially similar position in the same work unit either: (i) over the immediately preceding period of twelve (12) months and in those immediately preceding twelve months the average weekly hours worked equalled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time employee; or (ii) over the immediately preceding period of at least 24 months. For the purposes of this clause occasional and short term work performed by the employee in another classification, job or work unit will not: (a) affect the employee's eligibility for conversion; or (b) be included in determining whether the employee meets or does not meet the eligibility requirements. For the purpose of this clause, "work unit" refers to an organisational unit with control over the appointment and deployment of casual professional staff within that unit. (c) Conversion may be applied for in writing by an employee when an employee believes they meet the above criteria. The University will take reasonable steps from time to time to inform casual employees that they may have a right to apply for conversion under this clause. (d) The University may only refuse an application for conversion on reasonable grounds. Reasonable grounds include, but are not limited to, the following: (i) the employee is a student, or has recently been a student, other than where their status as a student is irrelevant to their engagement and the work required; (ii) the employee is a genuine retiree; (iii) the employee is performing work which will either cease to be required or will be performed by a non-casual employee, within 26 weeks (from the date of application); (iv) the employee has a primary occupation with the University or elsewhere, either as an employee or as a self-employed person; (v) the employee does not meet the essential requirements of the position; or (vi) the work is ad hoc, intermittent, unpredictable or involves hours that are irregular. (e) The University must determine an application for conversion either by offering conversion to continuing or fixed-term employment or by rejecting the application. If the University rejects the application, it must provide written reasons for rejecting it. (f) Conversion may be to either a continuing appointment or to a fixed-term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the employer’s operational requirements and the desirability of offering the employee work which is as regular and continuous as is reasonably practicable, will be consistent with the employee’s casual engagement. (g) Conversion may be to part-year, annualised hours or seasonal employment where by custom and practice the work has been performed by casual employees on such a basis, or otherwise by agreement by the parties. (h) An employee whose application for conversion is rejected will not be entitled to apply again within 12 months except where: (i) that rejection is solely based upon the ground set out in 20.2(d)(iii) above; and (ii) that ground ceased to apply.

Casual Conversion. (i) The objective of this subclause B, Casual Conversion, is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer‟s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees. These provisions arise from the Secure Employment Test Case 2006. (ii) A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause. (iii) Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement. (iv) Any casual employee who has a right to elect under paragraph (ii), upon receiving notice under paragraph (iii) 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 ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (v) Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion. (vi) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer. (vii) If a casual employee has elected to have his or her contract of employment converted to full- time or part-time employment in accordance with paragraph (iv), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (iv), discuss and agree upon: (a) This clause sets out whether the process for long term employee will convert to full-time or part-time employment; and (b) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW). Provided that an employee who has worked on a full-time basis throughout the period of casual employees employment has the right to elect to convert his or her contract of employment to full- time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part- time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee. (viii) Following an agreement being reached pursuant to paragraph (vii), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply for conversion to either continuing an employee converting from casual employment to full-time or fixedpart-term time employment. , it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (ix) An employee will must not be engaged and re-engaged nor have their hours reduced engaged, dismissed or replaced in order to avoid any obligation under this clausesubclause. (b) To be eligible to apply for conversion, a casual employee must be employed on a regular and systematic basis in the same or a substantially similar position in the same work unit either: (i) over the immediately preceding period of twelve (12) months and in those immediately preceding twelve months the average weekly hours worked equalled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time employee; or (ii) over the immediately preceding period of at least 24 months. For the purposes of this clause occasional and short term work performed by the employee in another classification, job or work unit will not: (a) affect the employee's eligibility for conversion; or (b) be included in determining whether the employee meets or does not meet the eligibility requirements. For the purpose of this clause, "work unit" refers to an organisational unit with control over the appointment and deployment of casual professional staff within that unit. (c) Conversion may be applied for in writing by an employee when an employee believes they meet the above criteria. The University will take reasonable steps from time to time to inform casual employees that they may have a right to apply for conversion under this clause. (d) The University may only refuse an application for conversion on reasonable grounds. Reasonable grounds include, but are not limited to, the following: (i) the employee is a student, or has recently been a student, other than where their status as a student is irrelevant to their engagement and the work required; (ii) the employee is a genuine retiree; (iii) the employee is performing work which will either cease to be required or will be performed by a non-casual employee, within 26 weeks (from the date of application); (iv) the employee has a primary occupation with the University or elsewhere, either as an employee or as a self-employed person; (v) the employee does not meet the essential requirements of the position; or (vi) the work is ad hoc, intermittent, unpredictable or involves hours that are irregular. (e) The University must determine an application for conversion either by offering conversion to continuing or fixed-term employment or by rejecting the application. If the University rejects the application, it must provide written reasons for rejecting it. (f) Conversion may be to either a continuing appointment or to a fixed-term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the employer’s operational requirements and the desirability of offering the employee work which is as regular and continuous as is reasonably practicable, will be consistent with the employee’s casual engagement. (g) Conversion may be to part-year, annualised hours or seasonal employment where by custom and practice the work has been performed by casual employees on such a basis, or otherwise by agreement by the parties. (h) An employee whose application for conversion is rejected will not be entitled to apply again within 12 months except where: (i) that rejection is solely based upon the ground set out in 20.2(d)(iii) above; and (ii) that ground ceased to apply.

Casual Conversion. (ai) This A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause. (ii) Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause sets out within four weeks of the process employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement. (iii) Any casual employee who has a right to elect under paragraph (b)(i), upon receiving notice under paragraph (b)(ii) or after the expiry of the time for long term 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 ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (iv) Any casual employees employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion. (v) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer. (vi) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon: (1) whether the employee will convert to full-time or part-time employment; and (2) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Xxx 0000 (NSW); Provided that 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 and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee. (vii) Following an agreement being reached pursuant to paragraph (vi), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply for conversion to either continuing an employee converting from casual employment to full-time or fixedpart-term time employment. , it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viii) An employee will must not be engaged and re-engaged nor have their hours reduced engaged, dismissed or replaced in order to avoid any obligation under this clausesubclause. (b) To be eligible to apply for conversion, a casual employee must be employed on a regular and systematic basis in the same or a substantially similar position in the same work unit either: (i) over the immediately preceding period of twelve (12) months and in those immediately preceding twelve months the average weekly hours worked equalled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time employee; or (ii) over the immediately preceding period of at least 24 months. For the purposes of this clause occasional and short term work performed by the employee in another classification, job or work unit will not: (a) affect the employee's eligibility for conversion; or (b) be included in determining whether the employee meets or does not meet the eligibility requirements. For the purpose of this clause, "work unit" refers to an organisational unit with control over the appointment and deployment of casual professional staff within that unit. (c) Conversion may be applied for in writing by an employee when an employee believes they meet the above criteria. The University will take reasonable steps from time to time to inform casual employees that they may have a right to apply for conversion under this clause. (d) The University may only refuse an application for conversion on reasonable grounds. Reasonable grounds include, but are not limited to, the following: (i) the employee is a student, or has recently been a student, other than where their status as a student is irrelevant to their engagement and the work required; (ii) the employee is a genuine retiree; (iii) the employee is performing work which will either cease to be required or will be performed by a non-casual employee, within 26 weeks (from the date of application); (iv) the employee has a primary occupation with the University or elsewhere, either as an employee or as a self-employed person; (v) the employee does not meet the essential requirements of the position; or (vi) the work is ad hoc, intermittent, unpredictable or involves hours that are irregular. (e) The University must determine an application for conversion either by offering conversion to continuing or fixed-term employment or by rejecting the application. If the University rejects the application, it must provide written reasons for rejecting it. (f) Conversion may be to either a continuing appointment or to a fixed-term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the employer’s operational requirements and the desirability of offering the employee work which is as regular and continuous as is reasonably practicable, will be consistent with the employee’s casual engagement. (g) Conversion may be to part-year, annualised hours or seasonal employment where by custom and practice the work has been performed by casual employees on such a basis, or otherwise by agreement by the parties. (h) An employee whose application for conversion is rejected will not be entitled to apply again within 12 months except where: (i) that rejection is solely based upon the ground set out in 20.2(d)(iii) above; and (ii) that ground ceased to apply.

Casual Conversion. (a) This clause sets out Employer Offers (i) Subject to subclause 16.4(b), in accordance with the process for long term NES an Employer must make an offer to a casual employees to apply for conversion to either continuing or fixed-term employment. An employee will not be engaged and re-engaged nor have their hours reduced in order to avoid any obligation Employee under this clausesubclause if: A. the casual Employee has worked shifts for the Employer for a period of 12 months beginning the day the employment started; and B. during at least the last six (6) months of that period, the Employee has worked a regular pattern of hours on an ongoing basis which, without significant adjustment, the Employee could continue to work as a full-time Employee or a part-time Employee (as the case may be). (ii) The Employer's offer under subclause 16.4(a)(i) must: A. be in writing; and B. be an offer for the Employee to convert: (1) for an Employee that has worked the equivalent of full-time hours during the period referred to in subclause 16.4(a)(i) (2) for an Employee that has worked less than the equivalent of full-time hours during the period referred to in subclause 16.4(a)(i) – to part-time employment that is consistent with the regular pattern of hours worked during that period; C. be given to the Employee within 21 days after the end of the 12- month period referred to in subclause 16.4(a)(i)A. (b) To be eligible to apply for conversion, a casual employee must be employed on a regular and systematic basis in the same or a substantially similar position in the same work unit either:When Employer Offers Not Required (i) over An Employer is not required to make an offer under subclause 16.4(a) to a casual Employee if: A. there are reasonable grounds not to make that offer; and B. the immediately preceding period reasonable grounds are based on facts that are known, or reasonably foreseeable, at the time of twelve (12) months and in those immediately preceding twelve months deciding not to make the average weekly hours worked equalled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time employee; oroffer. (ii) over Without limiting subclause 16.4(b)(i), reasonable grounds for deciding not to make an offer include the immediately preceding following: A. the Employee's position will cease to exist in the period of at least 24 months. For 12 months after the purposes time of this clause occasional and short term deciding not to make the offer, such as B. the hours of work performed by which the employee Employee is required to perform will be significantly reduced in another classification, job that period; C. there will be a significant change in either or work unit will notboth of the following in that period: (a1) affect the employeedays on which the Employee's eligibility for conversionhours of work are required to be performed; (2) the times at which the Employee's hours of work are required to be performed; D. making the offer would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory. (iii) The Employer must give written notice to a casual Employee in accordance with subclause 16.4(b)(iv) if: A. the Employer decides under subclause 16.4(b)(i) not to make an offer to the Employee; or (b) be included B. the Employee has been employed by the Employer for the 12- month period referred to in determining whether the employee meets or subclause 16.4(a)(i)A but does not meet the eligibility requirements. For the purpose of this clause, "work unit" refers requirement referred to an organisational unit with control over the appointment and deployment of casual professional staff within that unit. (c) Conversion may be applied for in writing by an employee when an employee believes they meet the above criteria. The University will take reasonable steps from time to time to inform casual employees that they may have a right to apply for conversion under this clause. (d) The University may only refuse an application for conversion on reasonable grounds. Reasonable grounds include, but are not limited to, the following: (i) the employee is a student, or has recently been a student, other than where their status as a student is irrelevant to their engagement and the work required; (ii) the employee is a genuine retiree; (iii) the employee is performing work which will either cease to be required or will be performed by a non-casual employee, within 26 weeks (from the date of application);subclause 16.4(a)(i)B. (iv) the employee has a primary occupation with the University or elsewhere, either as an employee or as a self-employed person; (v) the employee does not meet the essential requirements of the position; or (vi) the work is ad hoc, intermittent, unpredictable or involves hours that are irregular. (e) The University must determine an application for conversion either by offering conversion to continuing or fixed-term employment or by rejecting the application. If the University rejects the application, it must provide written reasons for rejecting it. (f) Conversion may be to either a continuing appointment or to a fixed-term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the employer’s operational requirements and the desirability of offering the employee work which is as regular and continuous as is reasonably practicable, will be consistent with the employee’s casual engagement. (g) Conversion may be to part-year, annualised hours or seasonal employment where by custom and practice the work has been performed by casual employees on such a basis, or otherwise by agreement by the parties. (h) An employee whose application for conversion is rejected will not be entitled to apply again within 12 months except wherenotice must: (i) A. advise the Employee that rejection the Employer is solely based upon the ground set out in 20.2(d)(iii) abovenot making an offer under subclause 16.4(a); and B. include the details of the reasons for not making the offer (ii) that ground ceased including any grounds on which the Employer has decided to apply.not make the offer); and C. be given to the Employee within 21 days after the end of the 12- month period referred to in subclause 16.4(a)(i)A.

Casual Conversion. (a) This clause sets out Subject to the process for long term casual employees requirements of the NES, the employer will make an offer to apply for conversion to either continuing or fixed-term employment. An employee will not be engaged and re-engaged nor have their hours reduced in order to avoid any obligation under this clause. (b) To be eligible to apply for conversion, a casual employee must be employed on a regular and systematic basis in accordance with the same or a substantially similar position in the same work unit either: (i) over the immediately preceding period of twelve (12) months and in those immediately preceding twelve months the average weekly hours worked equalled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time employee; or (ii) over the immediately preceding period of at least 24 months. For the purposes of this clause occasional and short term work performed by the employee in another classification, job or work unit will notNES to convert their employment to permanent if: (a) affect the employee's eligibility employee has been employed by the employer for conversiona period of six (6) months; and (b) during that period, the employee has worked a regular pattern of hours on an ongoing basis, which without significant adjustment, the employee could continue to work as a full-time or part-time employee (as the case may be). The employer will make such offer to an eligible employee in writing within 21 days of the end of the period specified above to convert: (a) for an employee that has worked the equivalent of full-time hours during the period – to full time employment; or (b) be included for an employee that has worked less than the equivalent of full-time hours during the period – to part time employment that is consistent with the pattern of hours worked during the period. Xxxx has the right not to make an offer of conversion in determining whether the employee meets or does not meet the eligibility requirements. For the purpose of accordance with this clause, "work unit" refers in circumstances specified in the NES. Where the employer determines not to provide an organisational unit offer of conversion to a casual employee in accordance with control over this clause, it will notify the appointment and deployment of casual professional staff within that unit. (c) Conversion may be applied for employee in writing by in accordance with the NES. A casual employee who is made an employee when an employee believes they meet the above criteria. The University will take reasonable steps from time to time to inform casual employees that they may have a right to apply for offer of conversion under this clause. (d) The University may only refuse an application for conversion on reasonable groundsclause must advise the employer within 21 days of the offer being made whether they accept or decline the offer. Reasonable grounds include, but are not limited to, An employee who fails to provide a response to the following: (i) the employee is a student, or has recently been a student, other than where their status as a student is irrelevant to their engagement and the work required; (ii) the employee is a genuine retiree; (iii) the employee is performing work which will either cease to be required or employer within this time will be performed by a non-casual employeetaken to have declined the offer. If an employee accepts an offer of conversion in accordance with this clause, within 26 weeks (from the date of application); (iv) the employee has a primary occupation they will convert to permanent employment in accordance with the University or elsewhereNES. Notwithstanding the above, either as an a casual employee or as a self-employed person; (v) who satisfies the employee does not meet requirements of this clause may notify the essential employer that they want to exercise the right to elect to convert to permanent employment in accordance with the NES. The employer will determine whether to agree to this request based on the matters specified in the NES. Subject to the requirements of the position; or (vi) NES, where an eligible casual employee makes a conversion request the work is ad hoc, intermittent, unpredictable or involves hours that are irregular. (e) The University must determine an application for conversion either by offering conversion employer will provide a response to continuing or fixed-term employment or by rejecting the application. If the University rejects the application, it must provide written reasons for rejecting it. (f) Conversion may be to either a continuing appointment or to a fixed-term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the employer’s operational requirements and the desirability of offering the employee work which is as regular in writing and continuous as is reasonably practicable, will be consistent in accordance with the employee’s casual engagementNES. (g) Conversion may be to part-year, annualised hours or seasonal employment where by custom and practice the work has been performed by casual employees on such a basis, or otherwise by agreement by the parties. (h) An employee whose application for conversion is rejected will not be entitled to apply again within 12 months except where: (i) that rejection is solely based upon the ground set out in 20.2(d)(iii) above; and (ii) that ground ceased to apply.

Casual Conversion. (a) This clause sets out Any casual employee who has been employed by the process employer during a period of at least six (6) months, regular and systematic basis for long term casual employees an ongoing period of employment or on a regular and systematic basis; and whose employment is consistent with part-time employment or full-time employment; is eligible to apply for conversion elect, in writing, to either continuing convert to permanent part- time or fixedfull-term time (as appropriate) employment. An employee will not be engaged and re-engaged nor have their hours reduced in order to avoid any obligation under this clause. (b) To be The employer of an eligible to apply for conversion, a casual employee must be employed on a regular and systematic basis in the same or a substantially similar position in the same work unit either: (i) over the immediately preceding period of twelve (12) months and in those immediately preceding twelve months the average weekly hours worked equalled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time employee; or (ii) over the immediately preceding period of at least 24 months. For the purposes of this clause occasional and short term work performed by notify the employee in another classification, job or work unit will not: writing of the provisions of 12.7 within two (a2) affect the employee's eligibility for conversion; or (b) be included in determining whether weeks of the employee meets or does not meet completing the eligibility requirements. For the purpose of this clause, "work unit" refers to an organisational unit with control over the appointment and deployment of casual professional staff within that unitsix (6) month qualifying period. (c) Conversion may be applied Any eligible employee who does not make an election as provided for in writing by an employee when an employee believes they meet subclause 12.7(a) within two (2) weeks of receiving the above criteria. The University written notice in 12.7(b) will take reasonable steps from time be deemed to time have agreed to inform remain a casual employees that they may have a right to apply for conversion under this clauseemployee. (d) The University may only refuse Any eligible employee who remains a casual employee pursuant to subclause 12.7(c), may, provided that the employee also remains an application for conversion eligible casual employee pursuant to the provisions of subclause 12.7(a), on reasonable groundsthe six (6) month anniversary of the initial offer having been made, or earlier by agreement with the employer, elect to convert to permanent employment status by giving the employer notice in writing of such election. Reasonable grounds include, but are not limited toIn this instance, the following: (i) the employee is a student6 month qualifying period referred to in 12.7(a), or has recently been a student, other than where their status as a student is irrelevant to their engagement and the work required; (ii) the employee is a genuine retiree; (iii) the employee is performing work which will either cease to be required or will be performed by a non-casual employee, within 26 weeks (from the 6 months immediately preceding the date of application); (iv) the employee has a primary occupation with the University or elsewhere, either as an employee or as a self-employed person; (v) the employee does not meet the essential requirements of the position; or (vi) the work is ad hoc, intermittent, unpredictable or involves hours that are irregularwritten notice was given. (e) The University must determine Upon receiving written notice from an application for employee pursuant to subclause 12.7(a), the employer must, within four (4) weeks of receiving such notice, indicate in writing whether the conversation to permanent employment is, or is not, agreed to. Where the conversion either by offering conversion to continuing or fixed-term employment or by rejecting is not agreed to, the application. If the University rejects the application, it employer must provide written reasons for rejecting itsame. (f) Conversion may be Where an employee’s election to either a continuing appointment or convert to a fixed-term appointment. The offer of conversion will indicate the hours and pattern of work which, subject permanent employment is not agreed to due consideration of the employer’s operational requirements and the desirability of offering employee considers that in not agreeing the employer has acted unreasonably, the employee work which is as regular and continuous as is reasonably practicable, will be consistent with may seek to have the employee’s casual engagementdispute resolved through the Dispute procedure set out in clause 11. (g) Conversion Where an eligible employee has transferred to permanent employment pursuant to the provisions of this clause, the employee may be only revert to part-year, annualised hours or seasonal casual employment where by custom and practice with the work has been performed by casual employees on such a basis, or otherwise by written agreement by of the partiesemployer. (h) An employee whose application Service for conversion is rejected the purpose of leave entitlements (other than long service leave) will not be entitled to apply again within 12 months except where:calculated from the date of commencement of permanent part-time of full-time employment. (i) Where an eligible employee elects to convert to permanent employment status and the employee agrees to such conversion, the normal hours of duty that rejection is solely based upon will apply under the ground set out new contract of employment will be the average of the hours the employee has worked during the preceding six (6) month qualifying period specified in 20.2(d)(iiisubclause 12.7(a) above; and or 12.7(d) (ii) that ground ceased to applyas appropriate), or as otherwise agreed between the employer and employee.

Casual Conversion. to full-time or part-time employment (a) This A casual employee, other than an irregular casual employee, who has been engaged by the Employer for a sequence of periods of employment under this Agreement during a period of six months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process. (b) For the purposes of clause sets out 2.3(a), an irregular casual employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis. (c) The Employer must give the process employee notice in writing of the provisions of clause 2.3 within four weeks of the employee having attained such period of six months. The employee retains their right of election under clause 2.3 if the Employer fails to comply with the clause. (d) Any such casual employee who does not within four weeks of receiving written notice elect to convert their contract of employment to full-time or part-time employment is deemed to have elected against any such conversion. (e) Any casual employee who has a right to elect under clause 2.3(a), on receiving notice under clause 2.3(c) or after the expiry of the time for long term giving such notice, may give four weeks’ notice in writing to the Employer that they seek to elect to convert their contract of employment to full-time or part-time employment, and within four weeks of receiving such notice the Employer must consent to or refuse the election but must not unreasonably refuse. (f) Once a casual employees employee has elected to apply for conversion become and has been converted to either continuing a full-time or fixedpart-term employment. time employee, the employee may only revert to casual employment by written agreement with the Employer. (g) If a casual employee has elected to have their contract of employment converted to full- time or part-time employment in accordance with clause 2.3(e), the Employer and employee must, subject to clause 2.3(e), discuss and agree on: (i) which form of employment the employee will convert to, being full-time or part-time; and (ii) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked. (h) An employee will who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert their contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed on between the Employer and employee. (i) Following such agreement being reached, the employee converts to full-time or part- time employment. (j) Where, in accordance with clause 2.3(e) the Employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement. (k) By agreement between the Employer and the majority of the employees in the relevant workplace or a section or sections of it, or with the casual employee concerned, the Employer may apply clause 2.3(a) as if the reference to six months is a reference to 12 months, but only in respect of a currently engaged individual employee or group of employees. Any such agreement reached must be kept by the Employer as a time and wages record. Any such agreement reached with an individual employee may only be reached within the two months prior to the period of six months referred to in clause 2.3(a). (l) An employee must not be engaged and re-engaged nor have their hours reduced in order to avoid any obligation under this clauseAgreement. (b) To be eligible to apply for conversion, a casual employee must be employed on a regular and systematic basis in the same or a substantially similar position in the same work unit either: (i) over the immediately preceding period of twelve (12) months and in those immediately preceding twelve months the average weekly hours worked equalled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time employee; or (ii) over the immediately preceding period of at least 24 months. For the purposes of this clause occasional and short term work performed by the employee in another classification, job or work unit will not: (a) affect the employee's eligibility for conversion; or (b) be included in determining whether the employee meets or does not meet the eligibility requirements. For the purpose of this clause, "work unit" refers to an organisational unit with control over the appointment and deployment of casual professional staff within that unit. (c) Conversion may be applied for in writing by an employee when an employee believes they meet the above criteria. The University will take reasonable steps from time to time to inform casual employees that they may have a right to apply for conversion under this clause. (d) The University may only refuse an application for conversion on reasonable grounds. Reasonable grounds include, but are not limited to, the following: (i) the employee is a student, or has recently been a student, other than where their status as a student is irrelevant to their engagement and the work required; (ii) the employee is a genuine retiree; (iii) the employee is performing work which will either cease to be required or will be performed by a non-casual employee, within 26 weeks (from the date of application); (iv) the employee has a primary occupation with the University or elsewhere, either as an employee or as a self-employed person; (v) the employee does not meet the essential requirements of the position; or (vi) the work is ad hoc, intermittent, unpredictable or involves hours that are irregular. (e) The University must determine an application for conversion either by offering conversion to continuing or fixed-term employment or by rejecting the application. If the University rejects the application, it must provide written reasons for rejecting it. (f) Conversion may be to either a continuing appointment or to a fixed-term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the employer’s operational requirements and the desirability of offering the employee work which is as regular and continuous as is reasonably practicable, will be consistent with the employee’s casual engagement. (g) Conversion may be to part-year, annualised hours or seasonal employment where by custom and practice the work has been performed by casual employees on such a basis, or otherwise by agreement by the parties. (h) An employee whose application for conversion is rejected will not be entitled to apply again within 12 months except where: (i) that rejection is solely based upon the ground set out in 20.2(d)(iii) above; and (ii) that ground ceased to apply.

Casual Conversion. (ai) This A casual employee engaged by a particular Club on a regular and systematic basis for a sequence of periods of employment under this Agreement during a calendar period of twelve months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this sub clause. (ii) Every Club of such a casual employee shall give the employee notice in writing of the provisions of this sub clause sets out within four weeks of the process employee having attained such period of twelve months. However, the employee retains his or her right of election under this sub clause if the Club fails to comply with this notice requirement. (iii) Any casual employee who has a right to elect under paragraph (b)(i), upon receiving notice under paragraph (b)(ii) or after the expiry of the time for long term giving such notice, may give four weeks’ notice in writing to the Club that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the Club shall consent to or refuse the election, but shall not unreasonably so refuse. Where a Club refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (iv) Any casual employees employee who does not, within four weeks of receiving written notice from the Club, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion. (v) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the Club. (vi) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b) (iii), the Club and employee shall, in accordance with this paragraph, and subject to paragraph (b) (iii), discuss and agree upon: (1) whether the employee will convert to full-time or part-time employment; and (2) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this Agreement pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW); Provided that 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 and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the Club and the employee. (vii) Following an agreement being reached pursuant to paragraph (vi), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply for conversion to either continuing an employee converting from casual employment to full-time or fixedpart-term time employment. , it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viii) An employee will must not be engaged and re-engaged nor have their hours reduced engaged, dismissed or replaced in order to avoid any obligation under this sub clause. (b) To be eligible to apply for conversion, a casual employee must be employed on a regular and systematic basis in the same or a substantially similar position in the same work unit either: (i) over the immediately preceding period of twelve (12) months and in those immediately preceding twelve months the average weekly hours worked equalled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time employee; or (ii) over the immediately preceding period of at least 24 months. For the purposes of this clause occasional and short term work performed by the employee in another classification, job or work unit will not: (a) affect the employee's eligibility for conversion; or (b) be included in determining whether the employee meets or does not meet the eligibility requirements. For the purpose of this clause, "work unit" refers to an organisational unit with control over the appointment and deployment of casual professional staff within that unit. (c) Conversion may be applied for in writing by an employee when an employee believes they meet the above criteria. The University will take reasonable steps from time to time to inform casual employees that they may have a right to apply for conversion under this clause. (d) The University may only refuse an application for conversion on reasonable grounds. Reasonable grounds include, but are not limited to, the following: (i) the employee is a student, or has recently been a student, other than where their status as a student is irrelevant to their engagement and the work required; (ii) the employee is a genuine retiree; (iii) the employee is performing work which will either cease to be required or will be performed by a non-casual employee, within 26 weeks (from the date of application); (iv) the employee has a primary occupation with the University or elsewhere, either as an employee or as a self-employed person; (v) the employee does not meet the essential requirements of the position; or (vi) the work is ad hoc, intermittent, unpredictable or involves hours that are irregular. (e) The University must determine an application for conversion either by offering conversion to continuing or fixed-term employment or by rejecting the application. If the University rejects the application, it must provide written reasons for rejecting it. (f) Conversion may be to either a continuing appointment or to a fixed-term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the employer’s operational requirements and the desirability of offering the employee work which is as regular and continuous as is reasonably practicable, will be consistent with the employee’s casual engagement. (g) Conversion may be to part-year, annualised hours or seasonal employment where by custom and practice the work has been performed by casual employees on such a basis, or otherwise by agreement by the parties. (h) An employee whose application for conversion is rejected will not be entitled to apply again within 12 months except where: (i) that rejection is solely based upon the ground set out in 20.2(d)(iii) above; and (ii) that ground ceased to apply.

Casual Conversion. (a) This A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause. (b) Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause sets out within four weeks of the process employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement. (c) Any casual employee who has a right to elect under paragraph (a) of subclause (ii) Casual Conversion, upon receiving notice under paragraph (b) of subclause (ii) Causal Conversion or after the expiry of the time for long term 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 ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (d) Any casual employees employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion. (e) Once a casual employee has elected to become and been converted to a full-time employee or a part- time employee, the employee may only revert to casual employment by written agreement with the employer. (f) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (c) of subclause (ii) Casual Conversion, the employer and employee shall, in accordance with this paragraph, and subject to paragraph (c) of subclause (ii) Casual Conversion, discuss and agree upon: (1) whether the employee will convert to full-time or part-time employment; and (2) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part- time employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Xxx 0000 (NSW); Provided that 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 and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee. (g) Following an agreement being reached pursuant to paragraph (vi), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply for conversion to either continuing an employee converting from casual employment to full-time or fixedpart-term time employment. , it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (h) An employee will must not be engaged and re-engaged nor have their hours reduced engaged, dismissed or replaced in order to avoid any obligation under this clause. (b) To be eligible to apply for conversion, a casual employee must be employed on a regular and systematic basis in the same or a substantially similar position in the same work unit either: (i) over the immediately preceding period of twelve (12) months and in those immediately preceding twelve months the average weekly hours worked equalled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time employee; or (ii) over the immediately preceding period of at least 24 months. For the purposes of this clause occasional and short term work performed by the employee in another classification, job or work unit will not: (a) affect the employee's eligibility for conversion; or (b) be included in determining whether the employee meets or does not meet the eligibility requirements. For the purpose of this clause, "work unit" refers to an organisational unit with control over the appointment and deployment of casual professional staff within that unit. (c) Conversion may be applied for in writing by an employee when an employee believes they meet the above criteria. The University will take reasonable steps from time to time to inform casual employees that they may have a right to apply for conversion under this clause. (d) The University may only refuse an application for conversion on reasonable grounds. Reasonable grounds include, but are not limited to, the following: (i) the employee is a student, or has recently been a student, other than where their status as a student is irrelevant to their engagement and the work required; (ii) the employee is a genuine retiree; (iii) the employee is performing work which will either cease to be required or will be performed by a non-casual employee, within 26 weeks (from the date of application); (iv) the employee has a primary occupation with the University or elsewhere, either as an employee or as a self-employed person; (v) the employee does not meet the essential requirements of the position; or (vi) the work is ad hoc, intermittent, unpredictable or involves hours that are irregular. (e) The University must determine an application for conversion either by offering conversion to continuing or fixed-term employment or by rejecting the application. If the University rejects the application, it must provide written reasons for rejecting it. (f) Conversion may be to either a continuing appointment or to a fixed-term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the employer’s operational requirements and the desirability of offering the employee work which is as regular and continuous as is reasonably practicable, will be consistent with the employee’s casual engagement. (g) Conversion may be to part-year, annualised hours or seasonal employment where by custom and practice the work has been performed by casual employees on such a basis, or otherwise by agreement by the parties. (h) An employee whose application for conversion is rejected will not be entitled to apply again within 12 months except where: (i) that rejection is solely based upon the ground set out in 20.2(d)(iii) above; and (ii) that ground ceased to apply.subclause