Common use of Review – Casual Employment Clause in Contracts

Review – Casual Employment. (a) For the purposes of this subclause: (i) an ‘eligible casual employee’ is an employee described as a casual employee who: (A) has completed two or more years of service with the same Employer in the same or a similar role without a break in service; and (B) does not have a documented record of unsatisfactory performance in their role. (ii) a ‘break in service’ is a period of more than 30 days during which a person is not engaged by the Employer to perform work, attributable to fluctuating demand or business need or taken at the request of the employee. If a question arises in a dispute under this Agreement as to whether a break between contracts constitutes a break in service, it is the responsibility of the Employer to demonstrate the break was attributable to fluctuating demand or business need, or in response to an employee request, and was not imposed to avoid an obligation to review or permanently appoint an employee. (b) The Employer must review the circumstances of an eligible casual employee’s engagement to determine whether or not they meet a circumstance described in subclause 16.6 (a) no later than three months after: (i) the date on which the employee completes two years of service with the same Employer in a same or similar role without a break in service; (ii) for an employee who is an eligible casual employee on the date of registration of this Agreement – that date; and (iii) for an Employee who has continued to be engaged as a casual employee without a break in service – each second anniversary of the date referred to in subclause 16.7(b)(i) or (ii). (c) If, after carrying out a review referred to in subclause 16.7(b), the Employer determines an employee’s engagement does not meet a circumstance listed in subclause 16.6(a), the Employer must: (i) establish a new permanent position reflecting the duties of the casual role at the FTE equivalent to the average hours worked by the employee for the preceding six months, unless: (A) the CE (or delegate) of the relevant Employer certifies in writing that the role performed by the employee: o has been wholly or substantially externally funded and the funding source will no longer be available; or o can no longer be funded from within the Employer’s approved salary expense limits; (B) the average weekly hours worked by the employee for the preceding six months are less than the minimum shift hours allowed to be worked by a permanent employee under this Agreement; and (ii) no later than two weeks’ after the date of the review: (A) advise the employee in writing of the review outcome and the reasons for it; and (B) if the Employer has established a new position, and unless a circumstance in subclause 16.7(d) applies, offer the employee permanent appointment to the newly established position. (d) The employee whose engagement is the subject of a review resulting in the establishment of a new position is entitled to be appointed permanently to the position unless the employee is in Australia on a visa with a fixed duration. (e) If, after carrying out a review referred to in subclause 16.7(b), the Employer determines the casual engagement meets a circumstance described in subclause 16.6(a), the Employer must give the employee in writing no later than two weeks’ after the date of completing the review: (i) a statement of the review outcome and the reasons for it; and (ii) a plain language summary of an Employer’s obligations under this clause to establish permanent positions where employees have been working regular and systematic hours over a qualifying two year period, and the actions the employee can take if they disagree with the review outcome.

Review – Casual Employment. (a) For the purposes of this subclause: (i) an ‘eligible casual employee’ is an employee described as a casual employee who: (A) has completed two or more years of service with the same Employer in the same or a similar role without a break in service; and (B) does not have a documented record of unsatisfactory performance in their role. (ii) a ‘break in service’ is a period of more than 30 days during which a person is not engaged by the Employer to perform work, attributable to fluctuating demand or business need or taken at the request of the employee. If a question arises in a dispute under this Agreement as to whether a break between contracts constitutes a break in service, it is the responsibility of the Employer to demonstrate the break was attributable to fluctuating demand or business need, or in response to an employee request, and was not imposed to avoid an obligation to review or permanently appoint an employee. (b) The Employer must review the circumstances of an eligible casual employee’s engagement to determine whether or not they meet a circumstance described in subclause 16.6 (a) no later than three months after: (i) the date on which the employee completes two years of service with the same Employer in a same or similar role without a break in service; (ii) for an employee who is an eligible casual employee on the date of registration of this Agreement – that date; and (iii) for an Employee employee who has continued to be engaged as a casual employee without a break in service – each second anniversary of the date referred to in subclause 16.7(b)(i) or (ii). (c) If, after carrying out a review referred to in subclause 16.7(bsubclause16.7(b), the Employer determines an employee’s engagement does not meet a circumstance listed in subclause 16.6(a), the Employer must: (i) establish a new permanent position reflecting the duties of the casual role at the FTE equivalent to the average hours worked by the employee for the preceding six months, unless: (A) the CE (or delegate) of the relevant Employer certifies in writing that the role performed by the employee: o has been wholly or substantially externally funded and the funding source will no longer be available; or o can no longer be funded from within the Employer’s approved salary expense limits; (B) the average weekly hours worked by the employee for the preceding six months are less than the minimum shift hours allowed to be worked by a permanent employee under this Agreement; and (ii) no later than two weeks’ weeks after the date of the review: (A) advise the employee in writing of the review outcome and the reasons for it; and (B) if the Employer has established a new position, and unless a circumstance in subclause 16.7(d) applies, offer the employee permanent appointment to the newly established position. (d) The employee whose engagement is the subject of a review resulting in the establishment of a new position is entitled to be appointed permanently to the position unless the employee is in Australia on a visa with a fixed duration. (e) If, after carrying out a review referred to in subclause 16.7(b), the Employer determines the casual engagement meets a circumstance described in subclause 16.6(a), the Employer must give the employee in writing no later than two weeks’ weeks after the date of completing the review: (i) a statement of the review outcome and the reasons for it; and (ii) a plain language summary of an Employer’s obligations under this clause to establish permanent positions where employees have been working regular and systematic hours over a qualifying two year period, and the actions the employee can take if they disagree with the review outcome. (f) If an employee does not accept an offer of permanent employment, the Employer may (at the Employer’s discretion) continue to engage the employee as a casual employee in a different position, subject to the requirements of subclause 16.6(a).

Review – Casual Employment. (a) An Employer may only engage a person as a casual employee in the following circumstances: (i) if the hours and patterns of work fluctuate substantially and are not regular and systematic; and (ii) hourly, for a period of up to 5 consecutive days in each engagement; or (iii) in any other situation agreed between the Employer and the Union. (b) For the purposes of this subclause: (i) an ‘“eligible casual employee’ ” is an employee described as a casual employee who: (A) has completed two or more years of service with the same Employer in the same or a similar role without a break in service; and (B) does not have a documented record of unsatisfactory performance in their role. (ii) a ‘“break in service’ ” is a period of more than 30 days during which a person is not engaged by the Employer to perform work, attributable to fluctuating demand or business need or taken at the request of the employee. If a question arises in a dispute under this Agreement as to whether a break between contracts constitutes a break in service, it is the responsibility of the Employer to demonstrate the break was attributable to fluctuating demand or business need, or in response to an employee request, and was not imposed to avoid an obligation to review or permanently appoint an employee. (bc) The Employer must review the circumstances of an eligible casual employee’s engagement to determine whether or not they meet a circumstance described in subclause 16.610.3 (a) no later than three months after: (i) the date on which the employee completes two years of service with the same Employer in a same or similar role without a break in service;; and (ii) for an employee who is an eligible casual employee on the date of registration of this Agreement – that date; and (iii) for an Employee who has continued to be engaged as a casual employee without a break in service – each second anniversary of the date referred to in subclause 16.7(b)(i) or (iisubclauses 10.3(c)(i). (cd) If, after carrying out a review referred to in subclause 16.7(b)10.3(c) above, the Employer determines an employee’s engagement does not meet a circumstance listed in subclause 16.6(a10.3(a), the Employer must: (i) establish a new permanent position reflecting the duties of the casual role at the FTE equivalent to the average hours worked by the employee for the preceding six months, unless: (A) the CE (or delegate) of the relevant Employer certifies in writing that the role performed by the employee: o has been wholly or substantially externally funded and the funding source will no longer be available; or o can no longer be funded from within the Employer’s approved salary expense limits; (B) the average weekly hours worked by the employee for the preceding six months are less than the minimum shift hours allowed to be worked by a permanent employee under this Agreement; and (ii) no later than two weeks’ weeks after the date of the review: (A) advise the employee in writing of the review outcome and the reasons for it; and (B) if the Employer has established a new position, and unless a circumstance in subclause 16.7(d10.3(e) applies, offer the employee permanent appointment to the newly established position. (de) The employee whose engagement is the subject of a review resulting in the establishment of a new position is entitled to be appointed permanently to the position unless the employee is in Australia on a visa with a fixed duration. (ef) If, after carrying out a review referred to in subclause 16.7(b10.3(c), the Employer determines the casual engagement meets a circumstance described in subclause 16.6(a10.3(a), the Employer must give the employee in writing no later than two weeks’ weeks after the date of completing the review: (i) a statement of the review outcome and the reasons for it; and (ii) a plain plain-language summary of an Employer’s obligations under this clause to establish permanent positions where employees have been working regular and systematic hours over a qualifying two two-year period, and the actions the employee can take if they disagree with the review outcome. (g) If an employee does not accept an offer of permanent employment, the Employer may (at the Employer’s discretion) continue to engage the employee as a casual employee in a different position, subject to the requirements of subclause 10.3(a).