CONVERSION TO PERMANENCY OR PERMANENT HOURS Clause Samples

CONVERSION TO PERMANENCY OR PERMANENT HOURS. 40.1 This clause will be read in conjunction with the relevant Award clauses related to part- time, casual and temporary employment. Specifically, where an employee makes written request to: (a) have their additional hours worked added to their substantive hours, in the case of part- time employees; or (b) convert from casual employment to permanent part-time or full-time employment; or (c) convert from temporary fixed term employment to permanent part-time or full-time employment. 40.2 Continuous employment for the purposes of converting from temporary fixed term employment includes: (a) periods of employment that may include employment on a casual basis; (b) approved paid or unpaid leave; and/or (c) employment without a break of no more than 3 months in duration, excluding paid or unpaid leave, which in total would equate to at least 12 months employment. 40.3 This clause does not extinguish the employer’s obligation to notify the employee in writing that they are eligible to permanent hours or permanent employment, in accordance with their relevant Award. 40.4 Where there is no relevant Award dealing with this issue, the South Australian Government Health Etc. Ancillary Employees Award will apply. 40.5 Upon receiving a written request from an employee pursuant to clause 40.1, the employer must, within 3 weeks of receiving such notice, indicate in writing whether an increase in the employee’s substantive hours of work or request for permanent conversion, is or is not, agreed to. Where an increase is not agreed to, the employer must provide written reasons in the correspondence. 40.6 If the employer fails to respond within 3 weeks of the employee’s written request, then the employee must make a further written request to the Agency Chief Executive, attaching their original request. Should the Agency not respond within 3 weeks of the date of receipt of the second request, it will result in: (a) in the case of permanent part-time employees, the additional hours requested by the employee in accordance with the relevant Award will automatically be added to their substantive hours; or (b) in the case of casual employees or employees engaged on temporary fixed term contracts, their employment automatically being converted to either permanent part-time or full-time employment (as per the employee’s written request) in accordance with the relevant Award.