Common use of Casual Conversion Clause in Contracts

Casual Conversion. (i) 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 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. (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 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 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 pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislation. 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 to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

Appears in 1 contract

Samples: Enterprise Agreement

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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 Agreement during a calendar period of six months shall thereafter have the right to elect to have his or her their ongoing contract of employment converted to permanent full- full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause. (iiiii) 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 their right of election under this subclause if the employer fails to comply with this notice requirement. (iiiiv) Any casual employee who has a right to elect under paragraph (b)(iii), upon receiving notice under paragraph (b)(iiiii) 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 they seek to elect to convert his or her their ongoing contract of employment to full-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. (ivv) Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her their ongoing contract of employment to full-full- time employment or part-time employment will be deemed to have elected against any such conversion. (vvi) Once a casual employee has elected to become and been converted to a full-time employee or a part-part- time employee, the employee may only revert to casual employment by written agreement with the employer. (vivii) If a casual employee has elected to have his or her their contract of employment converted to full-time or part-part- time employment in accordance with paragraph (b)(iiiiv), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iiiiv), discuss and agree upon: 1. (a) whether the employee will convert to full-time or part- part-time employment; and 2. (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- part-time employment provisions of this award Agreement or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislation. 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 their contract of employment to full-time employment and an employee who has worked on a part-part- time basis during the period of casual employment has the right to elect to convert his or her 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 between the employer and the employee. (viiviii) Following an agreement being reached pursuant to paragraph (vivii), the employee shall convert to full-full- time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-full- time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viiiix) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

Appears in 1 contract

Samples: NSW (Non Declared) Affiliated Health Organisations’ Nurses Agreement 2017

Casual Conversion. (i) 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 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. (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 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 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 pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 Xxx 0000 (NSW), or other relevant industrial legislation. 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 to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

Appears in 1 contract

Samples: Enterprise Agreement

Casual Conversion. (i) A casual employee directly engaged by a particular employer the Company on a regular and systematic basis for a sequence of periods of employment under this Award the Agreement 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- full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclausesub clause. (ii) Every employer Company 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 sub clause if the employer Company fails to comply with this notice requirement. (iii) Any casual employee directly engaged by the Company who has a right to elect under paragraph (b)(iparagraph(b)(i), upon receiving notice under paragraph (b)(ii) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer Company 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 Company shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer Company 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 employee directly engaged by the Company who does not, within four weeks of receiving written notice from the employerCompany, 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 directly engaged by the Company 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 employerCompany. (vi) If a casual employee directly engaged by the Company 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 Company and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon: 1. (a) whether the employee will convert to full-time or part- part-time employment; and 2. (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- part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislation. 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.Agreement; (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 to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclausesub clause.

Appears in 1 contract

Samples: Collective Agreement

Casual Conversion. (i) 44.1 A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award agreement during a calendar period of six twelve months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full- full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause. (ii) 44.2 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 twelve 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) 44.3 Any casual employee who has a right to elect under paragraph subclause (b)(i), upon 1) on receiving notice under paragraph subclause (b)(ii2) 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. (iv) 44.4 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. (v) 44.5 Once a casual employee has elected to become and been converted to a full-full- time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer. (vi) 44.6 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 subclause (b)(iii3), the employer and employee shall, in accordance with this paragraph, and subject to paragraph subclause (b)(iii3), discuss and agree upon: 1. 44.6.1 whether the employee will convert to full-time or part- part-time employment; and 2. 44.6.2 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 must be consistent with any other part- the part-time employment provisions of in this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislation. agreement; 44.7 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) 44.8 Following an agreement being reached pursuant to paragraph subclause (vi), 6) the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viii) 44.9 An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

Appears in 1 contract

Samples: Enterprise Agreement

Casual Conversion. (ia) A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award Agreement during a calendar period of six (6) months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full- full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclausesub-clause. (iib) Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four (4) weeks of the employee having attained such period of six (6) months. However, the employee retains his or her right of election under this subclause sub-clause if the employer fails to comply with this notice requirement. (iiic) Any casual employee who has a right to elect under paragraph (b)(ia), upon receiving notice under paragraph (b)(iib) or after the expiry of the time for giving such notice, may give four (4) 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 procedureClause 1.15 (Dispute and Grievance Resolution Procedure). (ivd) Any casual employee who does not, within four (4) 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. (ve) 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. (vif) If a casual employee has elected to have his or her contract of employment converted to full-full- time or part-time employment in accordance with paragraph (b)(iiic), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iiic), discuss and agree upon: 1. whether (i) Whether the employee will convert to full-time or part- part-time employment; and 2. if (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 either consistent with any other part- part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislationAgreement. 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-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-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. (viig) Following an agreement being reached pursuant to paragraph (vif), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedureClause 1.15 (Dispute and Grievance Resolution Procedure). (viiih) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclausesub-clause.

Appears in 1 contract

Samples: Enterprise Agreement

Casual Conversion. (i) A casual employee engaged by a particular employer Club on a regular and systematic basis for a sequence of periods of employment under this Award Agreement during a calendar period of six twelve months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full- full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclausesub clause. (ii) 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 twelve months. However, the employee retains his or her right of election under this subclause sub clause if the employer 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 giving such notice, may give four weeks’ notice in writing to the employer 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 employer Club shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer 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 employee who does not, within four weeks of receiving written notice from the employerClub, 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 employerClub. (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)(iiib) (iii), the employer Club and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iiib) (iii), discuss and agree upon: (1. ) whether the employee will convert to full-time or part- 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- part-time employment provisions of this award Agreement pursuant to a part part-time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislation. ; 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 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 to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclausesub clause.

Appears in 1 contract

Samples: Union Collective Agreement

Casual Conversion. (ia) A casual employee Employee engaged by a particular employer Employer on a regular and systematic basis for a sequence of periods of employment under this Award Agreement 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- full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause. (iib) Every employer Employer of such a casual employee Employee shall give the employee Employee notice in writing of the provisions of this sub-clause subclause within four weeks of the employee Employee having attained such period of six months. However, the employee Employee retains his or her right of election under this subclause if the employer Employer fails to comply with this notice requirement. (iiic) Any casual employee Employee who has a right to elect under paragraph (b)(i26.2(a), upon receiving notice under paragraph (b)(ii26.2(b) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer 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 employeeEmployee, the employer Employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer Employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee 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 procedureClause 24 – Dispute Procedures. (ivd) Any casual employee Employee who does not, within four weeks of receiving written notice from the employerEmployer, 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 pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislation. 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 to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

Appears in 1 contract

Samples: Multi Enterprise Agreement

Casual Conversion. (ia) A casual employee Employee engaged by a particular employer Employer on a regular and systematic basis for a sequence of periods of employment under this Award Agreement 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- full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause. (iib) Every employer Employer of such a casual employee Employee shall give the employee Employee notice in writing of the provisions of this sub-clause subclause within four weeks of the employee Employee having attained such period of six months. However, the employee Employee retains his or her right of election under this subclause if the employer Employer fails to comply with this notice requirement. (iiic) Any casual employee Employee who has a right to elect under paragraph (b)(i26.2(a), upon receiving notice under paragraph (b)(ii26.2(b) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer 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 employeeEmployee, the employer Employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer Employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee 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 procedureClause 24 – Dispute Procedures. (ivd) Any casual employee Employee who does not, within four weeks of receiving written notice from the employerEmployer, 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. (ve) Once a casual employee Employee has elected to become and been converted to a full-time employee Employee or a part-time employeeEmployee, the employee Employee may only revert to casual employment by written agreement with the employerEmployer. (vif) If a casual employee Employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b)(iii26.2(c), the employer Employer and employee Employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii26.2(c), discuss and agree upon: 1. (i) whether the employee Employee will convert to full-time or part- part-time employment; and 2. (ii) if it is agreed that the employee Employee will become a part-time employeeEmployee, the number of hours and the pattern of hours that will be worked either consistent with any other part- part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislation. Agreement; Provided that an employee 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 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 Employer and the employeeEmployee. (viig) Following an agreement being reached pursuant to paragraph (vi26.2(f), the employee Employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee Employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedureClause 24 – Dispute Procedures. (viiih) An employee Employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

Appears in 1 contract

Samples: Multi Enterprise Agreement

Casual Conversion. (ia) A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award agreement 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- full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclausesub-clause. (iib) 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 sub-clause if the employer fails to comply with this notice requirement. (iiic) Any casual employee who has a right to elect under paragraph sub-clause 7.2 (b)(ia), upon receiving notice under paragraph sub-clause 7.2 (b)(iib) 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. (ivd) 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. (ve) 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. (vif) 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)(iii7.2(c), the employer and employee shall, in accordance with this paragraph, and subject to paragraph 7.2 (b)(iiic), discuss and agree upon: 1. (i) whether the employee will convert to full-time or part- part-time employment; and 2. (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 either consistent with any other part- part-time employment provisions of this award agreement pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislation. Act; 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-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. (viig) Following an agreement being reached pursuant to paragraph (vif), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viiih) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclausesub-clause.

Appears in 1 contract

Samples: Enterprise Agreement

Casual Conversion. (i) A casual employee Employee engaged by a particular employer the Employer on a regular and systematic basis for a sequence of periods of employment under this Award the Agreement 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- 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 The Employer shall give such a casual employee shall give the employee Employee notice in writing of the provisions of this sub-clause within four weeks of the employee Employee having attained such period of six months. However, the employee Employee retains his or her right of election under this subclause if the employer Employer fails to comply with this notice requirement. (iii) Any casual employee 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 giving such notice, may give four weeks’ notice in writing to the employer 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 employeeEmployee, the employer Employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer Employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee 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 procedureDisputes Procedure. (iv) Any casual employee Employee who does not, within four weeks of receiving written notice from the employerEmployer, 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 Employee has elected to become and been converted to a full-time employee Employee or a part-time employeeEmployee, the employee Employee may only revert to casual employment by written agreement with the employerEmployer. (vi) If a casual employee 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 Employer and employee Employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon: (1. ) whether the employee Employee will convert to full-time or part- part-time employment; and (2. ) if it is agreed that the employee Employee will become a part-time employeeEmployee, the number of hours and the pattern of hours that will be worked either consistent with any other part- part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislation. Agreement; Provided that an employee 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 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 Employer and the employeeEmployee. (vii) Following an agreement being reached pursuant to paragraph (vi), the employee Employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee Employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedureDisputes Procedure. (viii) An employee Employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

Appears in 1 contract

Samples: Collective Agreement

Casual Conversion. (i) A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award Agreement 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- full-time employment or part-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 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. (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 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 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- 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- part-time employment provisions of this award Agreement or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislation. ; 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 to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

Appears in 1 contract

Samples: Enterprise Agreement

Casual Conversion. (i) A casual employee engaged by a particular employer the Hospital on a regular and systematic basis for a sequence of periods of employment under this Award Agreement during a calendar period of six 6 months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full- 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 subclause within four weeks of the employee having attained such period of six 6 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)(ib) (i), upon receiving notice under paragraph (b)(iib) (ii) or after the expiry of the time for giving such notice, may give four 4 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 4 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 employee who does not, within four 4 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-full- time or part-time employment in accordance with paragraph (b)(iiib) (iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iiib) (iii), discuss and agree upon: (1. ) whether the employee will convert to full-time or part- 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- part-time employment provisions of this award Agreement or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislationagreement. 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-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-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 to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

Appears in 1 contract

Samples: Enterprise Agreement

Casual Conversion. (ia) A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award Agreement 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- continuing full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause. (iib) Every employer of such a casual employee UWSELL 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 XXXXXX fails to comply with this notice requirement. (iiic) Any casual employee who has a right to elect under paragraph (b)(ia), upon receiving notice under paragraph (b)(iib) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer UWSELL 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 UWSELL shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer XXXXXX 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. (ivd) Any casual employee who does not, within four weeks of receiving written notice from the employerXXXXXX, 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. (ve) 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 employerXXXXXX. (vif) 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)(iiic), UWSELL and the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iiic), discuss and agree upon: 1. i. whether the employee will convert to full-time or part- part-time employment; and 2ii. 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- part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislationagreement. Provided that an employee who has worked on a full-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 XXXXXX and the employee. (viig) Following an agreement being reached pursuant to paragraph (vif), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viiih) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause. (i) The above mentioned casual conversion clause will not apply to persons who perform work pursuant to the Technical and Further Education Commission Act 1990 or successor legislation.

Appears in 1 contract

Samples: Enterprise Agreement

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Casual Conversion. (i) A casual employee engaged by a particular employer NSW Maritime on a regular and systematic basis for a sequence of periods of employment under this Award Agreement 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- 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 Sub-clause. NSW Maritime shall give the casual employee notice in writing of the provisions of this subSub-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 Sub-clause if the employer NSW Maritime 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 giving such notice, may give four weeks' notice in writing to the employer NSW Maritime 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 NSW Maritime shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer NSW Maritime 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 employee who does not, within four weeks of receiving written notice from the employerNSW Maritime, 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) NSW Maritime. 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), NSW Maritime and 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- part-time employment; and 2. and 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- part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislation. ; 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 NSW Maritime 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 to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viii) . An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.Sub-clause

Appears in 1 contract

Samples: Enterprise Agreement

Casual Conversion. (i) A casual employee Employee engaged by a particular employer the Employer on a regular and systematic basis for a sequence of periods of employment under this Award the Agreement 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 The Employer shall give such a casual employee shall give the employee Employee notice in writing of the provisions of this sub-clause within four weeks of the employee Employee having attained such period of six months. However, the employee Employee retains his or her right of election under this subclause if the employer Employer fails to comply with this notice requirement. (iii) Any casual employee 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 giving such notice, may give four weeks’ notice in writing to the employer 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 employeeEmployee, the employer Employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer the Employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee 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 procedureDisputes Procedure. (iv) Any casual employee Employee who does not, within four weeks of receiving written notice from the employerEmployer, 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 Employee has elected to become and been converted to a full-time employee Employee or a part-part- time employeeEmployee, the employee Employee may only revert to casual employment by written agreement with the employerEmployer. (vi) If a casual employee 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 Employer and employee Employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon: (1. ) whether the employee Employee will convert to full-time or part- part-time employment; and (2. ) if it is agreed that the employee Employee will become a part-time employeeEmployee, the number of hours and the pattern of hours that will be worked either consistent with any other part- part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislation. Agreement; Provided that an employee 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 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 Employer and the employeeEmployee. (vii) Following an agreement being reached pursuant to paragraph (vi), the employee Employee shall convert to full-full- time or part-time employment. If there is any dispute about the arrangements to apply to an employee Employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedureDisputes Procedure. (viii) An employee Employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

Appears in 1 contract

Samples: Collective Agreement

Casual Conversion. (i) 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- 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 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. (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 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 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- 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- 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), or other relevant industrial legislation. ; 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 to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

Appears in 1 contract

Samples: Enterprise Agreement

Casual Conversion. (i) A casual employee Employee engaged by a particular employer the Company on a regular and systematic basis for a sequence of periods of employment under this Award the Agreement 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.contract (ii) Every employer of such a casual employee The Company shall give the employee Employee notice in writing of the provisions of this sub-sub- clause within four weeks of the employee Employee having attained such period of six months. However, the employee Employee retains his or her right of election under this subclause if the employer Company fails to comply with this notice requirement. (iii) Any casual employee 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 giving such notice, may give four weeks’ notice in writing to the employer Company 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 employeeEmployee, the employer Company shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer the Company refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee 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 procedureDisputes Resolution Procedure. (iv) Any casual employee Employee who does not, within four weeks of receiving written notice from the employer, Company 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 Employee has elected to become and been converted to a full-time employee Employee or a part-time employeeEmployee, the employee Employee may only revert to casual employment by written agreement with the employerEmployer. (vi) If a casual employee 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 Company and employee 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 pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislation. 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 Employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee Employee converting from casual employment to full-full- time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedureDisputes Resolution Procedure. (viii) An employee Employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

Appears in 1 contract

Samples: Enterprise Agreement

Casual Conversion. (i) A casual employee engaged by a particular employer the Hospital on a regular and systematic basis for a sequence of periods of employment under this Award Agreement during a calendar period of six 6 months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full- full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause. (ii) Every The employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause subclause within four weeks of the employee having attained such period of six 6 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)(i13.2(i), upon receiving notice under paragraph (b)(ii13.2(ii) or after the expiry of the time for giving such notice, may give four weeks4 xxxxx’ 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 4 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 employee who does not, within four 4 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-full- time or part-time employment in accordance with paragraph (b)(iii13.2(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii13.2(iii), discuss and agree upon: (1. ) whether the employee will convert to full-time or part- 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- part-time employment provisions of this award Agreement or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislationagreement. 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 to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viii) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

Appears in 1 contract

Samples: Enterprise Agreement

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 Agreement during a calendar period of six months shall thereafter have the right to elect to have his or her their ongoing contract of employment converted to permanent full- full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause. (iiiii) 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 their right of election under this subclause if the employer fails to comply with this notice requirement. (iiiiv) Any casual employee who has a right to elect under paragraph (b)(iii), upon receiving notice under paragraph (b)(iiiii) 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 they seek to elect to convert his or her their ongoing contract of employment to full-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. (ivv) Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her their ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion. (vvi) Once a casual employee has elected to become and been converted to a full-time employee or a part-part- time employee, the employee may only revert to casual employment by written agreement with the employer. (vivii) If a casual employee has elected to have his or her their contract of employment converted to full-time or part-part- time employment in accordance with paragraph (b)(iiiiv), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iiiiv), discuss and agree upon: 1. (a) whether the employee will convert to full-time or part- part-time employment; and 2. (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- part-time employment provisions of this award Agreement or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislation. 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 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 his or her 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 between the employer and the employee. (viiviii) Following an agreement being reached pursuant to paragraph (vivii), the employee shall convert to full-full- time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viiiix) An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

Appears in 1 contract

Samples: Royal Rehab Nurses Agreement 2016

Casual Conversion. (ia) A An employee engaged as a regular 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 will have the right to elect to have his or her ongoing contract of their employment converted to permanent full- full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclauseemployment. (iib) Every employer of such A regular casual employee is a casual employee shall give who has in the preceding period of 6 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 this Agreement. (c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 6 months’ casual employment will have the right to elect 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 6 months’ casual employment will have the right to elect to have their employment converted to part-time employment consistent with the pattern of hours previously worked. (e) The City of Port Xxxxxxx will provide written notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six 6 months’ regular casual employment. However, the The employee retains his or her the right of election under in accordance with this subclause clause if the employer City of Port Xxxxxxx fails to comply with this notice requirementprovide written notice. (iiif) A regular casual employee having received written notice of their right to elect to convert to full-time or part-time employment has four weeks to advise the City of Port Xxxxxxx that they seeking to have their employment so converted. (g) The City of Port Xxxxxxx shall consent to or refuse the election but will not unreasonably refuse. Any dispute about the refusal of an election to convert will be dealt with through the dispute settlement procedure of this Agreement. (h) Any casual employee who has a right to elect under paragraph (b)(i), upon within four weeks of receiving the written notice under paragraph (b)(ii) 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 does not elect to convert his or her ongoing contract of from casual 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 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 Where it is agreed that 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 will have his or her contract of their employment converted to full-time or part-time employment as provided for in accordance with paragraph (b)(iii)this clause, the employer City of Port Xxxxxxx and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), must discuss and agree uponupon and record in writing: 1. whether i. the form of employment to which the employee will convert to – that is, full-time or part- part time employment; and 2ii. if it is agreed that the employee will become a part-time employee, the number of hours and matters referred to in clause 14.2. (j) The conversion will take effect from the pattern of hours that will be worked either consistent with any other part- time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 start of the Industrial Relations Act 1996 next pay cycle following such agreement being reached unless otherwise agreed. (NSW), or other relevant industrial legislation. Provided that an k) Once a casual 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 converted 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 employee may only revert to casual employment with the written agreement of the same number City of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employeePort Xxxxxxx. (viil) Following an agreement being reached pursuant A casual employee must not be engaged and re-engaged (which includes a refusal to paragraph (vire-engage), the or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (m) Nothing in this clause obliges a regular casual employee shall to convert to full-time or part-time employment. If there is any dispute about , nor permits the arrangements City of Port Xxxxxxx to apply require a regular casual employee to an so convert. (n) Nothing in this clause requires the City of Port Xxxxxxx to increase the hours of a regular casual employee converting from casual employment seeking conversion to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure. (viiio) An employee must The provisions of this clause do not be engaged and re-engaged, dismissed or replaced in order apply to avoid any obligation under this subclause“irregular casual employees”.

Appears in 1 contract

Samples: Enterprise Agreement

Casual Conversion. (ia) A casual employee engaged by a particular employer TransGrid on a regular and systematic basis for a sequence of periods of employment under this Award Agreement 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- full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclauseclause. (iib) Every employer of such a casual employee TransGrid shall give the casual 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 clause if the employer TransGrid fails to comply with this notice requirement. (iiic) Any casual employee who has a right to elect under paragraph clause 13.6.8 (b)(ia), upon receiving notice under paragraph clause 13.6.8 (b)(iib) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer TransGrid 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 TransGrid shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer TransGrid 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 procedureDispute Procedure under clause 35 of this Agreement. (ivd) Any casual employee who does not, within four weeks of receiving written notice from the employerTransGrid, elect to convert his or her ongoing contract of employment to full-full- time employment or part-time employment will be deemed to have elected against any such conversion. (ve) 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 employerTransGrid. (vif) 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 clause 13.6.8 (b)(iiic), TransGrid and the employer and employee shall, in accordance with this paragraphclause, and subject to paragraph clause 13.6.8 (b)(iiic), discuss and agree upon: 1. a. whether the employee will convert to full-time or part- part-time employment; and 2. 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 worked, consistent with any other part- part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW), or other relevant industrial legislation. Agreement. c. 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 TransGrid and the employee. (vii) d. Following an agreement being reached pursuant to paragraph clause 13.6.8 (vif), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedureDispute Procedure under clause 35 of this Agreement. (viii) e. An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclauseclause 13.6.8.

Appears in 1 contract

Samples: Transgrid Employees Agreement

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