Employee Requests. (a) A Casual Employee may make a request of an Employer under this sub-clause 21.5 if: the Employee has been employed by the Employer for a period of at least six (6) months beginning the day the employment started; the Employee has, in the period of six (6) months ending the day the request is given, worked a regular pattern of hours on an ongoing basis which, without significant adjustment, the Employee could continue to work as a full-time Employee or part-time Employee (as the case may be); and all of the following apply: (A) the Employee has not, at any time during the period referred to in sub-clause 21.5(a)(ii), refused an offer made to the Employee under sub-clause 21.1; (B) the Employer has not, at any time during that period, given the Employee a notice in accordance with sub-clause 21.2(c)(i); (C) the Employer has not, at any time during that period, given a response to the Employee under sub-clause 21.6 refusing a previous request made under this sub-clause 21.5; and (D) the request is not made during the period of 21 days after the period referred to in sub-clause 21.1(a)(i). (b) The request must: (A) for an Employee that has worked the equivalent of full-time hours during the period referred to in sub-clause 21.5(a)(ii) – to full-time employment; or (B) for an Employee that has worked less than the equivalent of full-time hours during the period referred to in sub-clause 21.5(a)(ii) – to part-time employment that is consistent with the regular pattern of hours or shifts worked during that period; and be given to the Employer.
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Samples: Enterprise Agreement
Employee Requests. (a1) A Casual Employee Part-time employee may make a request of an the Employer under this sub-clause 21.5 if: :
(a) the Employee has been employed by the Employer for a period of at least six (6) 12 months from day of Agreement ratification or beginning the day the employment started, whichever is later; and
(b) the Employee has, in the period of six (6) 6 months ending the day the request is given, worked a regular pattern of hours on an ongoing basis which, without significant adjustment, the Employee could continue to work as a full-time Employee employee or a part-time Employee employee (as the case may be); and and
(c) all of the following apply:
(Ai) the Employee has not, at any time during the period referred to in sub-clause 21.5(a)(iiparagraph (b), refused an offer made to the Employee under sub-clause 21.1employee;
(Bii) the Employer has not, at any time during that period, given the Employee a notice in accordance with sub-clause 21.2(c)(i);
(C) the Employer employer has not, at any time during that period, given a response to the Employee under sub-clause 21.6 18.5 refusing a previous request made under this sub-clause 21.5; andclause;
(D) the request is not made during the period of 21 days after the period referred to in sub-clause 21.1(a)(i).
(b2) The request must:
(Aa) be in writing; and
(b) be a request for the Employee to convert:
(i) for an Employee that has worked the equivalent of full-time hours during the period referred to in sub-clause 21.5(a)(ii) – to paragraph (1)(b)—to full-time employment; or
(Bc) for be given to the employer.
3) For the purposes of paragraph (1)(b), in determining whether an Employee that has worked less than the equivalent of full-time hours, regard may be had to the hours during the period referred to in sub-clause 21.5(a)(ii) – to partof work of any other full-time employment employees of the employer employed in the same position as (or in a position that is consistent with comparable to) the regular pattern position of hours or shifts worked during that period; and be given to the Employeremployee.
Appears in 1 contract
Samples: Enterprise Agreement
Employee Requests. (a1) A Casual Employee casual employee may make a request of an Employer the Company under this sub-clause 21.5 if: :
(a) the Employee employee has been employed by the Employer Company for a period of at least six (6) 12 months beginning the day the employment started; and
(b) the Employee employee has, in the period of six (6) 6 months ending the day the request is given, worked a regular pattern of hours on an ongoing basis which, without significant adjustment, the Employee employee could continue to work as a full-time Employee employee or a part-time Employee employee (as the case may be); and and
(c) all of the following apply:
(Ai) the Employee employee has not, at any time during the period referred to in sub-clause 21.5(a)(ii13.5.2 (b), refused an offer made to the Employee employee under sub-clause 21.113.5.2;
(Bii) the Employer Company has not, at any time during that period, given the Employee employee a notice in accordance with sub-clause 21.2(c)(i13.5.3(3)(a) (which deals with notice of Company decisions not to make offers on reasonable grounds);
(Ciii) the Employer Company has not, at any time during that period, given a response to the Employee employee under sub-clause 21.6 13.6.2 refusing a previous request made under this sub-clause 21.5; andclause;
(Div) if the Company is not a small business Company—the request is not made during the period of 21 days after the period referred to in sub-clause 21.1(a)(i13.5.2(1)(a).
(b2) The request must:
(Aa) be in writing; and
(b) be a request for the employee to convert:
(i) for an Employee employee that has worked the equivalent of full-time hours during the period referred to in sub-clause 21.5(a)(ii) – to 13.6.1(1)(b)—to full-time employment; or
(Bii) for an Employee employee that has worked less than the equivalent of full-time hours during the period referred to in sub-clause 21.5(a)(ii) – to 13.6.1(1)(b)—to part-time employment that is consistent with the regular pattern of hours or shifts worked during that period; and and
(c) be given to the EmployerCompany.
(3) For the purposes of clause 13.6.1(1)(b), in determining whether an award/agreement free employee has worked the equivalent of full-time hours, regard may be had to the hours of work of any other full-time employees of the Company employed in the same position as (or in a position that is comparable to) the position of the employee.
Appears in 1 contract
Samples: Enterprise Agreement
Employee Requests. (a) A Casual Employee may make a request of an Employer EACH under this sub-clause 21.5 26.5 if: :
(i) the Employee has been employed by the Employer EACH for a period of at least six (6) months beginning the day the employment started; ;
(ii) the Employee has, in the period of six (6) months ending the day the request is given, worked a regular pattern of hours on an ongoing basis which, without significant adjustment, the Employee could continue to work as a full-time Employee or part-time Employee (as the case may be); and and
(iii) all of the following apply:
(A) the Employee has not, at any time during the period referred to in sub-clause 21.5(a)(ii26.5(a)(ii), refused an offer made to the Employee under sub-clause 21.126.1;
(B) the Employer EACH has not, at any time during that period, given the Employee a notice in accordance with sub-clause 21.2(c)(i26.2(c)(i);
(C) the Employer EACH has not, at any time during that period, given a response to the Employee under sub-clause 21.6 26.6 refusing a previous request made under this sub-clause 21.526.5; and
(D) the request is not made during the period of 21 days after the period referred to in sub-clause 21.1(a)(i26.1(a)(i).
(b) The request must:
(i) be in writing;
(ii) be a request for the Employee to convert:
(A) for an Employee that has worked the equivalent of full-time hours during the period referred to in sub-clause 21.5(a)(ii26.5(a)(ii) – to full-time employment; or
(B) for an Employee that has worked less than the equivalent of full-full- time hours during the period referred to in sub-clause 21.5(a)(ii26.5(a)(ii) – to part-time employment that is consistent with the regular pattern of hours or shifts worked during that period; and and
(iii) be given to the EmployerEACH.
(c) EACH must give a response
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