Casual Conversion. (a) A person engaged by the Employer as a regular casual Employee may request that their employment be converted to full-time or part-time employment. (b) A regular casual Employee is a casual Employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the Employee could continue to perform as a full-time Employee or part-time Employee under the provisions of the Agreement. (c) A regular casual Employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment. (d) A regular casual Employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part- time employment consistent with the pattern of hours previously worked. (e) Any request under this clause 12.6 must be in writing and provided to the Employer. (f) Where a regular casual Employee seeks to convert to full-time or part-time employment, the Employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the Employee. (g) Reasonable grounds for refusal include that: (i) it would require a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-time or part time Employee in accordance with the provisions of the Agreement – that is, the casual Employee is not truly a regular casual Employee as defined in clause 12.6(b); (ii) it is known or reasonably foreseeable that the regular casual Employee’s position will cease to exist within the next 12 months; (iii) it is known or reasonably foreseeable that the hours of work which the regular casual Employee is required to perform will be significantly reduced in the next 12 months; or (iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the Employee is available to work. (h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (i) Where the Employer refuses a regular casual Employee’s request to convert, the Employer must provide the casual Employee with the Employer’s reasons for refusal in writing within 21 days of the request being made. If the Employee does not accept the Employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 9. Under that procedure, the Employee or the Employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. (j) Where it is agreed that a casual Employee will have their employment converted to full-time or part-time employment as provided for in this clause, the Employer and Employee must discuss and record in writing: (i) the form of employment to which the Employee will convert – that is, full-time or part-time employment; and (ii) if it is agreed that the Employee will become a part-time Employee, the matters referred to in (k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. (l) Once a casual Employee has converted to full-time or part-time employment, the Employee may only revert to casual employment with the written agreement of the Employer. (m) A casual Employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (n) Nothing in this clause obliges a regular casual Employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert. (o) Nothing in this clause requires the Employer to increase the hours of a regular casual Employee seeking conversion to full-time or part-time employment. (p) The Employer must provide a casual Employee, whether a regular casual Employee or not, with a copy of the provisions of this subclause within the first 12 months of the Employee’s first engagement to perform work. In respect of casual Employees already employed as at the operative date of the Agreement, the Employer must provide such employees with a copy of the provisions of this subclause by 1 January 2021. (q) A casual Employee’s right to request to convert is not affected if the Employer fails to comply with the notice requirements in clause 12.6(p).
Appears in 17 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Casual Conversion. (a) A person engaged by For the Employer as purposes of this clause, a regular casual Employee may request that their employment be converted to full-time or part-time employment.
(b) A regular casual Employee is a casual Employee who has in the preceding has, over a period of 12 months at least 6 months, worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the Employee could continue to perform as a full-time Employee or part-time Employee under the provisions of the this Agreement.
(cb) A regular casual Employee who has worked equivalent full-time an average of 38 or more ordinary hours over a week in the preceding period of 12 6 months’ casual employment may request to have their employment converted to full-time employment.
(dc) A regular casual Employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked.
(ed) Any request under this clause 12.6 for casual conversion must be in writing and provided to the EmployerHealthscope in writing.
(fe) Where a regular casual Employee seeks requests to convert to full-time or part-time employment, the Employer Healthscope may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the Employee.
(gf) Reasonable grounds for refusal include thatinclude:
(i) i. Where it would require a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-time or part part-time Employee in accordance with the provisions of the this Agreement – that is, the casual Employee is not truly a regular casual Employee as defined in clause 12.6(b14(a);
(ii) . Where it is known or reasonably foreseeable that that:
A. the regular casual Employee’s position will cease to exist within the next 12 months;
(iii) it is known or reasonably foreseeable that B. the hours of work which the regular casual Employee is required to perform will be significantly reduced in the next 12 months; or;
(iv) it is known or reasonably foreseeable that C. there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within months; or
D. the days and/or hours during which Employee’s availability will change significantly in the next 12 months.
(g) Where Healthscope refuses a request to convert, Healthscope must advise the Employee is available to workof Healthscope’s reasons for refusal within 21 days, in writing.
(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeableA regular casual Employee who is eligible can only make a request for conversion once every 6 months.
(i) Where the Employer refuses a regular casual Employee’s request to convert, the Employer must provide the casual Employee with the Employer’s reasons for refusal in writing within 21 days of the request being made. If the Employee does not accept the Employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 9. Under that procedure, the Employee or the Employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.
(j) Where it is agreed that a casual Employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope will provide the Employer and Employee must discuss and record in writingwith the following information:
(i) i. the form of employment to which the Employee will convert – that is, full-time or part-part time employment; and;
(ii) . if it is agreed that the Employee will become a part-time Employee, the matters referred to inin clause 13.3(d); and
(k) iii. The date the conversion will take effect from (which will be the start commencement of the next pay cycle following such agreement being reached reached, unless otherwise agreed).
(lj) Once a casual Employee has converted to full-time or part-time employment, the Employee may only revert to casual employment with the written agreement of the EmployerHealthscope.
(m) A casual Employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause.
(nk) Nothing in this clause obliges a regular casual Employee to convert to full- time or part-time employment or to make a request to convert. Healthscope cannot require a regular casual Employee to convert to full-time or part-time employment, nor permits however Healthscope may at any time offer any casual Employee an employer to require a regular casual employee to so convert.
(o) available full-time or part-time role. Nothing in this clause requires the Employer Healthscope to increase the hours of a regular casual Employee seeking conversion to full-time or part-time employment.
(pl) The Employer must provide a casual Employee, whether a regular A casual Employee must not be engaged and/or re-engaged (which includes a refusal to reengage), or not, have their hours reduced or varied in order to avoid any right or obligation under this clause.
(m) Healthscope will provide all new casual Employees with a copy of the provisions of this subclause clause (which can include giving the Employee a copy of this Agreement, or a link to an electronic copy of this Agreement) within the first 12 months of the Employee’s first their engagement to perform workwith Healthscope. In respect of casual Employees already employed as at the operative date of the Agreement, the Employer must provide such employees with a copy of the provisions of this subclause by 1 January 2021.
(q) A casual Employee’s right to request to convert is not affected if Healthscope does not give them a copy of the Employer fails to comply with the notice requirements in clause 12.6(p).or Agreement as required by this clause
Appears in 1 contract
Samples: Enterprise Agreement
Casual Conversion. Appendix
(a) A person engaged by For the Employer as purpose of item 1 of the Appendix, a regular casual Employee may request that their employment be converted to full-time or part-time employment.
(b) A regular casual Employee Regular Casual Team Member is a casual Employee Team Member who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the Employee Team Member could continue to perform as a full-full- time Employee Team Member or part-time Employee Team Member under the provisions of the Agreement.
(b) A Team Member engaged by Bunnings as a Regular Casual Team Member may request to Bunnings that their employment be converted to full-time or part-time employment.
(c) A regular casual Employee Regular Casual Team Member who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-full- time employment.
(d) A regular casual Employee Regular Casual Team Member who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked.
(e) Any request under this clause 12.6 item 1 of the Appendix must be in writing and provided to the EmployerBunnings.
(f) Where a regular casual Employee Regular Casual Team Member seeks to convert to full-time or part-time employment, the Employer Bunnings may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the EmployeeTeam Member.
(g) Reasonable grounds for refusal include that:
(i) it would require a significant adjustment to the casual EmployeeRegular Casual Team Member’s hours of work in order for the Employee Team Member to be engaged as a full-time or part part-time Employee Team Member in accordance with the provisions of the Agreement – that is, the casual Employee Team Member is not truly a regular casual Employee as defined in clause 12.6(b)Regular Casual Team Member;
(ii) it is known or reasonably foreseeable that the regular casual EmployeeRegular Casual Team Member’s position will cease to exist within the next 12 months;
(iii) it is known or reasonably foreseeable that the hours of work which the regular casual Employee Regular Casual Team Member is required to perform will be significantly reduced in the next 12 months; or
(iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the EmployeeTeam Member’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the Employee Team Member is available to work.
(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable.
(i) Where the Employer Bunnings refuses a regular casual EmployeeRegular Casual Team Member’s request to convert, the Employer Bunnings must provide the casual Employee Team Member with the Employer’s its reasons for refusal in writing within 21 days of the request being made. If the Employee Team Member does not accept the Employer’s Bunnings’ refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 915. Under that procedure, the Employee Team Member or the Employer Bunnings may refer the matter to the Fair Work Commission FWC if the dispute cannot be resolved at the workplace level.
(j) Where it is agreed that a casual Employee Team Member will have their employment converted to full-time or part-time employment as provided for in this clauseitem 1 of the Appendix, Bunnings and the Employer and Employee Team Member must discuss and record in writing:
(i) the form of employment to which the Employee Team Member will convert – that is, full-time or part-part- time employment; and
(ii) if it is agreed that the Employee Team Member will become a part-time EmployeeTeam Member, the matters referred to inTeam Member’s ordinary hours of work.
(k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.
(l) Once a casual Employee Team Member has converted to full-time or part-time employment, the Employee Team Member may only revert to casual employment with the written agreement of the EmployerBunnings.
(m) A casual Employee Team Member must not be engaged and re-engaged (which includes a refusal to re-re- engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clauseitem 1 of the Appendix.
(n) Nothing in this clause item 1 of the Appendix obliges a regular casual Employee Regular Casual Team Member to convert to full-time or part-time employment, nor permits an employer Bunnings to require a regular casual employee Regular Casual Team Member to so convert.
(o) Nothing in this clause item 1 of the Appendix requires the Employer Bunnings to increase the hours of a regular casual Employee Regular Team Member seeking conversion to full-time or part-time employment.
(p) The Employer Bunnings must provide a casual EmployeeTeam Member, whether a regular casual Employee Regular Casual Team Member or not, with a copy of the provisions item 1 of this subclause the Appendix within the first 12 months of the EmployeeTeam Member’s first engagement to perform work. In respect of casual Employees Team Members already employed as at the operative date commencement of the operation of the Agreement, the Employer Bunnings must provide such employees Team Members with a copy of the provisions of this subclause by item 1 January 2021of the Appendix within 7 days of the commencement of the Agreement.
(q) A casual EmployeeTeam Member’s right to request to convert is not affected if the Employer Bunnings fails to comply with the notice requirements in clause 12.6(p)item 1(p) of the Appendix.
(r) Item 1 of the Appendix does not require Bunnings to disclose any confidential information if its disclosure would be contrary to the Bunnings’ interests.
Appears in 1 contract
Samples: Bunnings Warehouse & Smaller Format Stores Agreement
Casual Conversion. (a) A person engaged by the Employer as casual Employee who has been rostered on a regular casual Employee may and systematic basis over a period of 6 months has the right to request that their employment be converted conversion to full-time or part-time permanent employment.
(b) . A regular casual Employee is a casual Employee who has in the preceding period of 12 twelve (12) months worked a pattern of hours on an ongoing basis which, without significant adjustment, the Employee could continue to perform as a full-time Employee or part-time Employee under the provisions of the this Agreement.
(c) A regular casual Employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment.
(d) A regular casual Employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part- time employment consistent with the pattern of hours previously worked.
(e) . Any request under this sub-clause 12.6 must be in writing and provided to the Employer.
(f) St Basil’s Homes. Where a regular casual Employee seeks to convert to full-time or part-time employment, the Employer St Basil’s Homes may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the Employee.
(g) . Reasonable grounds for refusal include that:
(i) : it would require a significant adjustment to the casual Employee’s 's hours of work in order for the Employee to be engaged as a full-time or part part-time Employee in accordance with the provisions of the this Agreement – - that is, the casual Employee is not truly a regular casual Employee as defined in clause 12.6(bsubclause (a);
(ii) ; or it is known or reasonably foreseeable that the regular casual Employee’s 's position will cease to exist within the next 12 twelve (12) months;
(iii) ; or it is known or reasonably foreseeable that the hours of work which the regular casual Employee is required to perform will be significantly reduced in the next 12 six (6) months; or
(iv) or it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee’s 's hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the Employee is available to work.
(h) For any ground . the hours worked in the following circumstances will also not be incorporated in a consent and conversion: where the increase in hours is as a direct result of refusal an Employee being absent on leave, such as for example, annual leave, long service leave, parental leave, workers compensation; and/or where the increase in hours is due to be reasonablea temporary increase in hours, it must be based on facts which are known or reasonably foreseeable.
(i) Where the Employer refuses a regular casual Employee’s request to convertfor example, the Employer must provide the casual Employee with the Employer’s reasons for refusal in writing within 21 days of the request being made. If the Employee does not accept the Employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 9. Under that procedure, the Employee or the Employer may refer the matter due to the Fair Work Commission if the dispute cannot be resolved at the workplace level.
(j) Where it is agreed that a casual Employee will have their employment converted to full-time or part-time employment as provided for in this clause, the Employer and Employee must discuss and record in writing:
(i) the form of employment to which the Employee will convert – that is, full-time or part-time employment; and
(ii) if it is agreed that the Employee will become a part-time Employee, the matters referred to in
(k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.
(l) Once a casual Employee has converted to full-time or part-time employment, the Employee may only revert to casual employment with the written agreement of the Employer.
(m) A casual Employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause.
(n) Nothing in this clause obliges a regular casual Employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert.
(o) Nothing in this clause requires the Employer to increase the hours specific needs of a regular casual Employee seeking conversion to full-time resident or part-time employmentclient.
(p) The Employer must provide a casual Employee, whether a regular casual Employee or not, with a copy of the provisions of this subclause within the first 12 months of the Employee’s first engagement to perform work. In respect of casual Employees already employed as at the operative date of the Agreement, the Employer must provide such employees with a copy of the provisions of this subclause by 1 January 2021.
(q) A casual Employee’s right to request to convert is not affected if the Employer fails to comply with the notice requirements in clause 12.6(p).
Appears in 1 contract
Samples: Enterprise Agreement
Casual Conversion. (a) A person engaged by the Employer as a regular casual Employee employee may request that their employment be converted to full-time or part-time employment.
(b) A regular casual Employee employee is a casual Employee employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the Employee employee could continue to perform as a full-time Employee employee or part-part- time Employee under the provisions of the Agreementemployee.
(c) A regular casual Employee employee who has worked equivalent full-time hours over the preceding period of 12 ‘months’ casual employment may request to have their employment converted to full-time employment.
(d) A regular casual Employee employee who has worked less than equivalent full-time full -time hours over the preceding period of 12 ‘months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked.
(e) Any request under this clause 12.6 subclause must be in writing and provided to the Employeremployer.
(f) Where a regular casual Employee employee seeks to convert to full-time or part-time employment, the Employer employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the Employeeemployee.
(g) Reasonable grounds for refusal include that:
(i) it would require a significant adjustment to the casual Employeeemployee’s hours of work in order for the Employee employee to be engaged as a full-time or part part-time Employee in accordance with the provisions of the Agreement – employee that is, the casual Employee employee is not truly a regular casual Employee employee as defined in clause 12.6(bparagraph (b);
(ii) it is known or reasonably foreseeable that the regular casual Employeeemployee’s position will cease to exist within the next 12 months;
(iii) it is known or reasonably foreseeable that the hours of work which the regular casual Employee employee is required to perform will be significantly reduced in the next 12 months; or
(iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employeeemployee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the Employee employee is available to work.
(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable.
(i) Where the Employer Company refuses a regular casual Employeeemployee’s request to convert, the Employer must Company will provide the casual Employee employee with the Employer’s reasons for refusal in writing with supporting evidence within 21 days of the request being made. If the Employee employee does not accept the EmployerCompany’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 9Clause 3. Under that procedure, the Employee employee or the Employer Company may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.
(j) Where it is agreed that a casual Employee employee will have their employment converted to full-time or part-time employment as provided for in this clause, the Employer Company and Employee employee must discuss and record in writing:
(i) the form of employment to which the Employee employee will convert – that is, full-time or part-part- time employment; and
(ii) if it is agreed that the Employee employee will become a part-time Employeeemployee, the matters referred to inin clause 2.6.
(k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.
(l) Once a casual Employee employee has converted to full-time or part-time employment, the Employee employee may only revert to casual employment with the written agreement of the EmployerCompany.
(m) A casual Employee employee must not be engaged and re-engaged (which includes a refusal to re-re- engage), ) or have their hours reduced or varied, in order to avoid any right or obligation under this clause.
(n) Nothing in this clause obliges a regular casual Employee employee to convert to full-time or part-time employment, nor permits an employer the Company to require a regular casual employee to so convert.
(o) Nothing in this clause requires the Employer Company to increase the hours of a regular casual Employee employee seeking conversion to full-time or part-time employment.
(p) The Employer must Company will provide a casual Employeeemployee, whether a regular casual Employee employee or not, with a copy of the provisions of this subclause within the first 12 months of the Employeeemployee’s first engagement to perform work. In respect of casual Employees already employed as at the operative date of the Agreement, the Employer must provide such employees with a copy of the provisions of this subclause by 1 January 2021.
(q) A casual Employeeemployee’s right to request to convert is not affected if the Employer Company fails to comply with the notice requirements in clause 12.6(pparagraph (p).
Appears in 1 contract
Samples: Enterprise Agreement
Casual Conversion. (a) A person engaged by casual employee has the Employer as a regular casual Employee may right to request that their employment be converted to full-full time or part-part time employment.
(b) A regular casual Employee is a casual Employee who has Any request under this must be in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the Employee could continue writing and provided to perform as a full-time Employee or part-time Employee under the provisions of the AgreementQuickway.
(c) A regular casual Regular Casual Employee who has worked equivalent full-full time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-full time employment.
(d) A regular casual Regular Casual Employee who has worked less than equivalent full-full time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part- part time employment consistent with the pattern of hours previously worked.
(e) Any request under this clause 12.6 must be in writing and provided Subject to the Employercondition stipulated in clause (f) below, and when the total number of employees at Quickway exceed 14, Quickway must make an offer to a casual employee.
(f) Where The offer must:
(i) be in writing; and
(ii) be an offer for the employee to convert:
A. for an employee that has worked the equivalent of full-time hours during the period referred to in clause (c) - to full time employment; or
B. for an employee that has worked less than the equivalent of full-time hours during the period referred to in clause (d) - to part time employment that is consistent with the regular pattern of hours worked during that period; and
(iii) be given to the employee within the period of 21 days after the end of the 12 months’ period referred to in clause (c) and (d).
(g) A Regular Casual Employee is a casual employee:
(i) who has been employed by Quickway for at least 12 months; and
(ii) during at least the last 6 months of that period, the employee has worked a regular casual average number 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 under the provisions of this Agreement; and
(iii) whose regular hours could continue as a permanent employee without significant changes being made to Quickway’s operations.
(h) Regular Casual Employees will be asked by Quickway in writing if they wish to elect to have their employment converted to full time or part time employment, within four weeks of the employee having attained a period of 12 months working a pattern of hours on an ongoing basis.
(i) Where:
(i) a Regular Casual Employee seeks to convert to full-full time or part-part time employment, the Employer ; or
(ii) Quickway asks a Regular Casual Employee if they wish to convert to full time or part time employment,
(iii) Quickway may agree to, or refuse, to convert the casual employment to full time or refuse the requestpart time employment, but the request may only be refused on reasonable grounds and after there has been consultation with the Employeeemployee.
(gj) Reasonable grounds for refusal include that:
(i) it would require a significant adjustment to the casual Employeeemployee’s hours of work in order for the Employee employee to be engaged as a full-full time or part time Employee employee in accordance with the provisions of the Agreement – this Agreement, that is, the casual Employee employee is not truly a regular casual Regular Casual Employee as defined in clause 12.6(bsub-paragraph (g);
(ii) it is known or reasonably foreseeable that the regular casual Regular Casual Employee’s position will cease to exist within the next 12 months;
(iii) it is known or reasonably foreseeable that the hours of work which the regular casual Regular Casual Employee is required to perform will be significantly reduced in the next 12 months; or
(iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Regular Casual Employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the Employee employee is available to work.
(hk) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable.
(il) Where the Employer Quickway refuses to convert a regular casual Employee’s request Regular Casual Employee to convertfull time or part time employment, the Employer Quickway must provide the casual Employee employee with the Employer’s its reasons for refusal in writing within 21 days of the request being made. If the Employee employee does not accept the EmployerQuickway’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 939. Under that procedure, the Employee employee or the Employer Quickway may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.
(jm) Where it is agreed that a casual Employee employee will have their employment converted to full-full time or part-part time employment as provided for in this clause, Quickway and the Employer and Employee employee must discuss and record in writing:
(i) the form of employment to which the Employee employee will convert – that is, full-full time or part-part time employment; and
(ii) if it is agreed that the Employee employee will become a part-part time Employeeemployee, the matters referred to inin clause 10.3.
(kn) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.
(lo) Once a casual Employee employee has converted to full-full time or part-part time employment, the Employee employee may only revert to casual employment with the written agreement of the EmployerQuickway.
(mp) A casual Employee employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause.
(nq) Nothing in this clause obliges a regular casual Regular Casual Employee to convert to full-full time or part-part time employment, nor permits an employer Quickway to require a regular casual employee Regular Casual Employee to so convert.
(or) Nothing in this clause requires the Employer Quickway to increase the hours of a regular casual Regular Casual Employee seeking conversion to full-full time or part-part time employment.
(ps) The Employer Quickway must provide a casual Employeeemployee, whether a regular casual Regular Casual Employee or not, with a copy of the provisions of this subclause within the first 12 months of the Employeeemployee’s first engagement to perform work. In respect of casual Employees already employed as at the operative date of the Agreement, the Employer must provide such employees with a copy of the provisions of this subclause by 1 January 2021.
(qt) A casual Employeeemployee’s right to request to convert is not affected if the Employer Quickway fails to comply with the notice requirements in clause 12.6(pparagraph (s).
Appears in 1 contract
Samples: Enterprise Agreement
Casual Conversion. (a) A person engaged by For the Employer as purposes of this clause, a regular casual Employee may request that their employment be converted to full-time or part-time employment.
(b) A regular casual Employee is a casual Employee who has in the preceding has, over a period of 12 months at least 6 months, worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the Employee could continue to perform as a full-time Employee or part-time Employee under the provisions of the this Agreement.
(cb) A regular casual Employee who has worked equivalent full-time an average of 38 or more ordinary hours over a week in the preceding period of 12 6 months’ casual employment may request to have their employment converted to full-time employment.
(dc) A regular casual Employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked.
(ed) Any request under this clause 12.6 for casual conversion must be in writing and provided to the EmployerHealthscope in writing.
(fe) Where a regular casual Employee seeks requests to convert to full-time or part-time employment, the Employer Healthscope may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the Employee.
(gf) Reasonable grounds for refusal include thatinclude:
(i) i. Where it would require a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-time or part part-time Employee in accordance with the provisions of the this Agreement – that is, the casual Employee is not truly a regular casual Employee as defined in clause 12.6(b14(a);
(ii) . Where it is known or reasonably foreseeable that that:
A. the regular casual Employee’s position will cease to exist within the next 12 months;
(iii) it is known or reasonably foreseeable that B. the hours of work which the regular casual Employee is required to perform will be significantly reduced in the next 12 months; or;
(iv) it is known or reasonably foreseeable that C. there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within months; or
D. the days and/or hours during which Employee’s availability will change significantly in the Employee is available next 12 months.
(g) Where Healthscope refuses a request to work.convert, Healthscope must advise the
(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeableA regular casual Employee who is eligible can only make a request for conversion once every 6 months.
(i) Where the Employer refuses a regular casual Employee’s request to convert, the Employer must provide the casual Employee with the Employer’s reasons for refusal in writing within 21 days of the request being made. If the Employee does not accept the Employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 9. Under that procedure, the Employee or the Employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.
(j) Where it is agreed that a casual Employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope will provide the Employer and Employee must discuss and record in writingwith the following information:
(i) i. the form of employment to which the Employee will convert – that is, full-time or part-part time employment; and;
(ii) . if it is agreed that the Employee will become a part-time Employee, the matters referred to inin clause 13.3(d); and
(k) iii. The date the conversion will take effect from (which will be the start commencement of the next pay cycle following such agreement being reached reached, unless otherwise agreed).
(lj) Once a casual Employee has converted to full-time or part-time employment, the Employee may only revert to casual employment with the written agreement of the EmployerHealthscope.
(m) A casual Employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause.
(nk) Nothing in this clause obliges a regular casual Employee to convert to full- time or part-time employment or to make a request to convert. Healthscope cannot require a regular casual Employee to convert to full-time or part-time employment, nor permits however Healthscope may at any time offer any casual Employee an employer to require a regular casual employee to so convert.
(o) available full-time or part-time role. Nothing in this clause requires the Employer Healthscope to increase the hours of a regular casual Employee seeking conversion to full-time or part-time employment.
(pl) The Employer must provide a casual Employee, whether a regular A casual Employee must not be engaged and/or re-engaged (which includes a refusal to reengage), or not, have their hours reduced or varied in order to avoid any right or obligation under this clause.
(m) Healthscope will provide all new casual Employees with a copy of the provisions of this subclause clause (which can include giving the Employee a copy of this Agreement, or a link to an electronic copy of this Agreement) within the first 12 months of the Employee’s first their engagement to perform workwith Healthscope. In respect of casual Employees already employed as at the operative date of the Agreement, the Employer must provide such employees with a copy of the provisions of this subclause by 1 January 2021.
(q) A casual Employee’s right to request to convert is not affected if Healthscope does not give them a copy of the Employer fails to comply with the notice requirements in clause 12.6(p).or Agreement as required by this clause
Appears in 1 contract
Samples: Enterprise Agreement
Casual Conversion. (a) A person engaged by the Employer as a regular casual Casual Employee may request that is eligible to apply for conversion if their employment be converted was Regular and Systematic Employment:
(i) in the 24 months immediately prior to full-time or part-making the application; or
(ii) in the 12 months immediately prior to making the application, and:
(A) in the case of a Casual Employee applying for conversion to 35 hour week full- time employment, the Employee has worked at least an average of 17.5 hours per week during the relevant 12 month period; or
(B) in the case of a Casual Employee applying for conversion to 38 hour week full- time employment, the Employee has worked at least an average of 19 hours per week during the relevant 12 month period.
(b) A regular casual Employee is a casual Employee who has in For the preceding period purposes of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, this subclause 20.3 occasional and short term work performed by the Employee could continue to perform as a full-time in another classification, job or work unit will not:
(i) affect the Employee's eligibility for conversion; or
(ii) be included in determining whether the Employee meets or part-time Employee under does not meet the provisions of the Agreementeligibility requirements.
(c) A regular casual Employee who has worked equivalent full-An application for conversion must be made in writing. UNSW will take reasonable steps from time hours over the preceding period of 12 months’ casual employment to time to inform Casual Employees that they may request have a right to have their employment converted to full-time employmentapply for conversion under this subclause 20.3.
(d) A regular casual UNSW must determine an application for conversion either by:
(i) offering conversion to Continuing or Fixed-term Employment; or
(ii) rejecting the application, in which case it must give the Casual Employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part- time employment consistent with the pattern of hours previously workedwritten reasons for its decision.
(e) Any request under this clause 12.6 must be in writing and provided to the Employer.
(f) Where a regular casual Employee seeks to convert to full-time or part-time employment, the Employer may agree to or refuse the request, but the request UNSW may only be refused refuse an application for conversion on reasonable grounds and after there has been consultation with the Employee.
(g) Reasonable grounds for refusal include that:
(i) it would require a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-time or part time Employee in accordance with the provisions of the Agreement – that iswhich include, but are not limited to, the casual Employee is not truly a regular casual Employee as defined in clause 12.6(b);
(ii) it is known or reasonably foreseeable that the regular casual Employee’s position will cease to exist within the next 12 months;
(iii) it is known or reasonably foreseeable that the hours of work which the regular casual Employee is required to perform will be significantly reduced in the next 12 months; or
(iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the Employee is available to work.
(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable.
(i) Where the Employer refuses a regular casual Employee’s request to convert, the Employer must provide the casual Employee with the Employer’s reasons for refusal in writing within 21 days of the request being made. If the Employee does not accept the Employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 9. Under that procedure, the Employee or the Employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.
(j) Where it is agreed that a casual Employee will have their employment converted to full-time or part-time employment as provided for in this clause, the Employer and Employee must discuss and record in writingfollowing:
(i) the form Casual 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 Casual Employee is a genuine retiree;
(iii) the Casual 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 employment application;
(iv) the Casual Employee has a primary occupation with UNSW or elsewhere, either as an employee or as a self-employed person;
(v) the Casual 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.
(f) An offer of conversion will indicate the hours and pattern of work which, subject to which due consideration of UNSW operational requirements and the desirability of offering the Employee work which is as regular and continuous as is reasonably practicable, will convert – be consistent with the Employee’s casual engagement.
(g) A Casual Employee whose application for conversion is rejected will not be entitled to apply again within 12 months, except where:
(i) that is, full-time or part-time employmentrejection is solely based on the ground set out in 20.3(e)(iii) above; and
(ii) if it is agreed that the Employee will become a part-time Employee, the matters referred ground ceased to in
(k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreedapply.
(l) Once a casual Employee has converted to full-time or part-time employment, the Employee may only revert to casual employment with the written agreement of the Employer.
(m) A casual Employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause.
(n) Nothing in this clause obliges a regular casual Employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert.
(o) Nothing in this clause requires the Employer to increase the hours of a regular casual Employee seeking conversion to full-time or part-time employment.
(p) The Employer must provide a casual Employee, whether a regular casual Employee or not, with a copy of the provisions of this subclause within the first 12 months of the Employee’s first engagement to perform work. In respect of casual Employees already employed as at the operative date of the Agreement, the Employer must provide such employees with a copy of the provisions of this subclause by 1 January 2021.
(q) A casual Employee’s right to request to convert is not affected if the Employer fails to comply with the notice requirements in clause 12.6(p).
Appears in 1 contract
Samples: Enterprise Agreement
Casual Conversion. (a) A person engaged by the Employer as a regular casual Employee may request that their employment be converted to full-time or part-time employment.Offers
(bi) A regular casual Employee is Subject to subclause 16.4(b), in accordance with the NES an Employer must make an offer to a casual Employee who under this subclause if:
A. the casual Employee has in worked shifts for the preceding 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 perform work as a full-time Employee or a part-time Employee under (as the provisions of the Agreementcase may be).
(cii) A regular casual The Employer's offer under subclause 16.4(a)(i) must:
A. be in writing; and
B. be an offer for the Employee who to convert:
(1) for an Employee that has worked the equivalent of full-time hours over during the preceding period of 12 months’ casual employment may request referred to have their employment converted in subclause 16.4(a)(i) – to full-time employment.; or
(d2) A regular casual for an Employee who that has worked less than the equivalent of full-time hours over during the preceding period of 12 months’ casual employment may request referred to have their employment converted in subclause 16.4(a)(i) – to part- part-time employment that is consistent with the regular pattern of hours previously worked.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.
(eb) Any request under this clause 12.6 must be in writing and provided to the Employer.
(f) Where a regular casual Employee seeks to convert to full-time or part-time employment, the When Employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the Employee.
(g) Reasonable grounds for refusal include that:Offers Not Required
(i) it would require An Employer is not required to make an offer under subclause 16.4(a) to a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-time or part time Employee in accordance with the provisions of the Agreement – that is, the casual Employee is if:
A. there are reasonable grounds not truly a regular casual Employee as defined in clause 12.6(b);to make that offer; and
B. the reasonable grounds are based on facts that are known, or reasonably foreseeable, at the time of deciding not to make the offer.
(ii) it is known or reasonably foreseeable that Without limiting subclause 16.4(b)(i), reasonable grounds for deciding not to make an offer include the regular casual following:
A. the Employee’s 's position will cease to exist within in the next period of 12 months;months after the time of deciding not to make the offer, such as
(iii) it is known or reasonably foreseeable that B. the hours of work which the regular casual Employee is required to perform will be significantly reduced in the next 12 months; orthat period;
(iv) it is known or reasonably foreseeable that C. there will be a significant change in either or both of the following in that period:
(1) the days and/or times at on which the Employee’s 's hours of work are required to be performed in performed;
(2) the next 12 months which cannot be accommodated within the days and/or hours during times at which the Employee is available Employee's hours of work are required to workbe 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.
(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable.
(i) Where the Employer refuses a regular casual Employee’s request to convert, the Employer must provide the casual Employee with the Employer’s reasons for refusal in writing within 21 days of the request being made. If the Employee does not accept the Employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 9. Under that procedure, the Employee or the Employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.
(j) Where it is agreed that a casual Employee will have their employment converted to full-time or part-time employment as provided for in this clause, the Employer and Employee must discuss and record in writing:
(i) the form of employment to which the Employee will convert – that is, full-time or part-time employment; and
(ii) if it is agreed that the Employee will become a part-time Employee, the matters referred to in
(k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.
(l) Once a casual Employee has converted to full-time or part-time employment, the Employee may only revert to casual employment with the written agreement of the Employer.
(m) A casual Employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause.
(n) Nothing in this clause obliges a regular casual Employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert.
(o) Nothing in this clause requires the Employer to increase the hours of a regular casual Employee seeking conversion to full-time or part-time employment.
(piii) The Employer must provide 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, whether a regular casual ; or
B. the Employee or not, with a copy has been employed by the Employer for the 12- month period referred to in subclause 16.4(a)(i)A but does not meet the requirement referred to in subclause 16.4(a)(i)B.
(iv) The notice must:
A. advise the Employee that the Employer is not making an offer under subclause 16.4(a); and
B. include the details of the provisions of this subclause reasons for not making the offer (including any grounds on which the Employer has decided to not make the offer); and
C. be given to the Employee within 21 days after the first 12 months end of the Employee’s first engagement 12- month period referred to perform work. In respect of casual Employees already employed as at the operative date of the Agreement, the Employer must provide such employees with a copy of the provisions of this in subclause by 1 January 2021.
(q) A casual Employee’s right to request to convert is not affected if the Employer fails to comply with the notice requirements in clause 12.6(p).16.4(a)(i)A.
Appears in 1 contract
Samples: Enterprise Agreement
Casual Conversion. (a) A person engaged by the Employer as a regular casual Employee employee may request that their employment be converted to full-time or part-time employment.
(b) A regular casual Employee employee is a casual Employee employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the Employee employee could continue to perform as a full-time Employee employee or part-time Employee under the provisions of the Agreementemployee.
(c) A regular casual Employee employee who has worked equivalent full-time hours over the preceding period of 12 months’ 6 months ‘casual employment may request to have their employment converted to full-time employment.
(d) A regular casual Employee employee who has worked less than equivalent full-time hours over the preceding period of 12 6 months’ ‘ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked.
(e) Any request under this clause 12.6 subclause must be in writing and provided to the EmployerCompany.
(f) Where a regular casual Employee employee seeks to convert to full-time or part-time employment, the Employer Company may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the Employeeemployee.
(g) Reasonable grounds for refusal include that:
(i) it would require a significant adjustment to the casual Employeeemployee’s hours of work in order for the Employee employee to be engaged as a full-time or part part-time Employee in accordance with the provisions of the Agreement – employee that is, the casual Employee employee is not truly a regular casual Employee employee as defined in clause 12.6(bparagraph (b);
(ii) it is known or reasonably foreseeable that the regular casual Employeeemployee’s position will cease to exist within the next 12 months;
(iii) it is known or reasonably foreseeable that the hours of work which the regular casual Employee employee is required to perform will be significantly reduced in the next 12 months; or
(iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employeeemployee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the Employee employee is available to work.
(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable.
(i) Where the Employer Company refuses a regular casual Employeeemployee’s request to convert, the Employer must Company will provide the casual Employee employee with the Employer’s reasons for refusal in writing with supporting evidence within 21 days of the request being made. If the Employee employee does not accept the EmployerCompany’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 9Clause 3. Under that procedure, the Employee employee or the Employer Company may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.
(j) Where it is agreed that a casual Employee employee will have their employment converted to full-time or part-time employment as provided for in this clause, the Employer Company and Employee employee must discuss and record in writing:
(i) the form of employment to which the Employee employee will convert – –that is, full-time or part-part- time employment; and
(ii) if it is agreed that the Employee employee will become a part-time Employeeemployee, the matters referred to inin clause 2.6.
(k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.
(l) Once a casual Employee employee has converted to full-time or part-time employment, the Employee employee may only revert to casual employment with the written agreement of the EmployerCompany.
(m) A casual Employee employee must not be engaged and re-engaged (which includes a refusal to re-engage), or engage),or have their hours reduced or varied, in order to avoid any right or obligation under this clause.
(n) Nothing in this clause obliges a regular casual Employee employee to convert to full-time or part-time employment, nor permits an employer the Company to require a regular casual employee to so convert.
(o) Nothing in this clause requires the Employer Company to increase the hours of a regular casual Employee employee seeking conversion to full-time or part-time employment.
(p) The Employer must Company will provide a casual Employeeemployee, whether a regular casual Employee employee or not, with a copy of the provisions of this subclause within the first 12 months of the Employeeemployee’s first engagement to perform work. In respect of casual Employees already employed as at the operative date of the Agreement, the Employer must provide such employees with a copy of the provisions of this subclause by 1 January 2021.
(q) A casual Employeeemployee’s right to request to convert is not affected if the Employer Company fails to comply with the notice requirements in clause 12.6(pparagraph (p).
Appears in 1 contract
Samples: Category 5 and Rtbu Agreement 2023
Casual Conversion. (a) A person engaged by the Employer as a regular casual Employee employee may request that their employment be converted to full-time or part-time employment.
(b) A regular casual Employee employee is a casual Employee employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the Employee employee could continue to perform as a full-time Employee employee or part-time Employee under the provisions of the Agreementemployee.
(c) A regular casual Employee employee who has worked equivalent full-time hours over the preceding period of 12 6 months’ casual employment may request to have their employment converted to full-time employment.
(d) A regular casual Employee employee who has worked less than equivalent full-time hours over the preceding period of 12 6 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked.
(e) Any request under this clause 12.6 subclause must be in writing and provided to the EmployerCompany.
(f) Where a regular casual Employee employee seeks to convert to full-time or part-time employment, the Employer Company may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the Employeeemployee.
(g) Reasonable grounds for refusal include that:
(i) it would require a significant adjustment to the casual Employeeemployee’s hours of work in order for the Employee employee to be engaged as a full-time or part part-time Employee in accordance with the provisions of the Agreement – employee - that is, the casual Employee employee is not truly a regular casual Employee employee as defined in clause 12.6(bparagraph (b);
(ii) it is known or reasonably foreseeable that the regular casual Employeeemployee’s position will cease to exist within the next 12 months;
(iii) it is known or reasonably foreseeable that the hours of work which the regular casual Employee employee is required to perform will be significantly reduced in the next 12 months; or
(iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employeeemployee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the Employee employee is available to work.
(h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable.
(i) Where the Employer Company refuses a regular casual Employeeemployee’s request to convert, the Employer must Company will provide the casual Employee employee with the Employer’s reasons for refusal in writing with supporting evidence within 21 days of the request being made. If the Employee employee does not accept the EmployerCompany’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 9this Agreement. Under that procedure, the Employee employee or the Employer Company may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.
(j) Where it is agreed that a casual Employee employee will have their employment converted to full-full- time or part-time employment as provided for in this clause, the Employer Company and Employee employee must discuss and record in writing:
(i) the form of employment to which the Employee employee will convert – –that is, full-time or part-time employment; and
(ii) if it is agreed that the Employee employee will become a part-time Employeeemployee, the matters referred to inin clause 2.7.1.
(k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.
(l) Once a casual Employee employee has converted to full-time or part-time employment, the Employee employee may only revert to casual employment with the written agreement of the EmployerCompany.
(m) A casual Employee employee must not be engaged and re-engaged (which includes a refusal to re-engage), ) or have their hours reduced or varied, in order to avoid any right or obligation under this clause.
(n) Nothing in this clause obliges a regular casual Employee employee to convert to full-time or part-time employment, nor permits an employer the Company to require a regular casual employee to so convert.
(o) Nothing in this clause requires the Employer Company to increase the hours of a regular casual Employee employee seeking conversion to full-time or part-time employment.
(p) The Employer must Company will provide a casual Employeeemployee, whether a regular casual Employee employee or not, with a copy of the provisions of this subclause within the first 12 months of the Employeeemployee’s first engagement to perform work. In respect of casual Employees already employed as at the operative date of the Agreement, the Employer must provide such employees with a copy of the provisions of this subclause by 1 January 2021.
(q) A casual Employeeemployee’s right to request to convert is not affected if the Employer Company fails to comply with the notice requirements in clause 12.6(pparagraph (p).
Appears in 1 contract
Samples: Safeworking Agreement