Common use of Right to request casual conversion Clause in Contracts

Right to request casual conversion. (a) For the purposes of this clause, a ‘regular casual employee’ is a casual employee who has in the preceding period of twelve (12) months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this Agreement. (b) A regular casual employee who has worked an average of thirty eight (38) or more ordinary hours a week in the preceding twelve (12) months may request to have their employment converted to full-time employment. (c) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) months’ casual employment may request to have their employment converted to part- time employment consistent with the pattern of hours previously worked. (d) Any request under this subclause must be provided to Healthscope in writing. (e) Where a regular casual employee requests to convert to full-time or part- time employment, Healthscope may agree to or refuse the request after there has been consultation with the employee. (f) Where Healthscope refuses a regular casual employee’s request to convert, it must provide the casual employee with the reasons for refusal in writing within twenty-one (21) days of the request being made. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (h) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope and the employee must discuss and record in writing: (i) the form of employment to which the employee will convert – that is, full-time or part-time employment; (ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) of this Agreement; and (iii) the date the conversion will take effect (which will be the start of the next pay cycle following such agreement being reached, unless otherwise agreed) (i) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of Healthscope. (j) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (k) Nothing in this clause obliges a regular casual employee to convert to full- time or part-time employment, nor permits Healthscope to require a regular casual employee to so convert. (l) Nothing in this clause requires Healthscope to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. (m) Healthscope will provide all new casual employees with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscope. (n) A casual employee’s right to request to convert is not affected if Healthscope fails to comply with the notice requirements as required in this clause.

Appears in 2 contracts

Samples: Healthscope Queensland Clerical Services Employee Agreement, Healthscope Queensland Clerical Services Employee Agreement 2019 2023

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Right to request casual conversion. (a) For the purposes of this clause, A person engaged by Anglicare SQ as a regular casual employee’ employee may request that their employment be converted to full-time or part-time employment. (b) A regular casual employee is a casual employee who has in the preceding period of twelve (12) 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this Agreement. (bc) A regular casual employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 12 months’ may request to have their employment converted to full-time employment. (cd) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (de) Any request under this subclause clause must be in writing and provided to Healthscope in writingAnglicare SQ. (ef) Where a regular casual employee requests seeks to convert to full-time or part- part-time employment, Healthscope Anglicare SQ may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. Reasonable grounds for refusal include that: (i) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part- time employee in accordance with the provisions of this Agreement – that is, the casual employee is not truly a regular casual employee as defined in subclause 4.4.4(b); (ii) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; (iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or (iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. (fg) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (h) Where Healthscope Anglicare SQ refuses a regular casual employee’s request to convert, it Anglicare SQ must provide the casual employee with the Anglicare SQ’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the employee does not accept Anglicare SQ’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 3.1. Under that procedure, the employee or Anglicare SQ may refer the matter to the FWC if the dispute cannot be resolved at the workplace level. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (hi) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope Anglicare SQ and the employee must discuss and record in writing: (i) the form of employment to which the employee will convert – that is, full-time or part-time employment;; and (ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) of this Agreement; and4.3. (iiij) the date the The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (ik) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of HealthscopeAnglicare SQ. (jl) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (km) Nothing in this clause obliges a regular casual employee to convert to full- full-time or part-time employment, nor permits Healthscope Anglicare SQ to require a regular casual employee to so convert. (ln) Nothing in this clause requires Healthscope Anglicare SQ to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. (mo) Healthscope will Anglicare SQ must provide all new a casual employees employee, whether a regular casual employee or not, with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) 12 months of the employee’s first engagement with Healthscopeto perform work. (n) A casual employee’s right to request to convert is not affected if Healthscope fails to comply with the notice requirements as required in this clause.

Appears in 2 contracts

Samples: Allied Health Enterprise Agreement, Enterprise Agreement

Right to request casual conversion. (a) For the purposes of this clause, 3.4.1 A person engaged as a regular casual employee’ employee may request in writing that their employment be converted to full-time or part-time employment. 3.4.2 A regular casual employee is a casual employee who has in the preceding period of twelve (12) months 12 months, worked a pattern of ordinary hours on an ongoing basis which, which without significant adjustment, the employee could continue to perform as a full-time employee or part-part- time employee under the provisions of this Agreementagreement. (b) 3.4.3 A regular casual employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 12 months’ casual employment may request to have their employment converted to full-time employment. (c) 3.4.4 A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (d) Any request under this subclause must be provided to Healthscope in writing. (e) 3.4.5 Where a regular casual employee requests seeks to convert to full-time or part- time permanent employment, Healthscope may agree to or refuse the management will discuss this request after there has been consultation with the employeeemployee prior to a decision being finalised. Acknowledging shifts can occur at any time 24/7, this discussion may take the form of; face-to-face conversation, exchange of emails or similar, telephone conversation or in writing. (f3.4.6 The request may only be refused on reasonable grounds. 3.4.7 Reasonable grounds for refusal include that: a) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a permanent employee in accordance with the provisions of this agreement - that is, the casual employee is not truly a regular casual employee as defined in paragraph 3.4.2; b) It is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; c) it is known or reasonable foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or d) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. 3.4.8 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 3.4.9 Where Healthscope management refuses a regular casual employee’s request to convert, it the employer must provide the casual employee with the management’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the employee does not accept management’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in this agreement. Under that procedure, the employee or management may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (h) 3.4.10 Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment permanent as provided for in this clause, Healthscope management and the employee must discuss and record in writing: (ia) the form of employment to which the employee will convert - that is, is full-time or part-time employment;; and (iib) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) of this Agreement; and3.2. (iii) the date the 3.4.11 The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (i) 3.4.12 Once a casual employee has converted to full-time or part-time permanent employment, the employee may only revert to casual employment with the written agreement of Healthscopemanagement. (j) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (k) 3.4.13 Nothing in this clause obliges a regular casual employee to convert to full- time or part-time permanent employment, nor permits Healthscope an employer to require a regular casual employee to so convert. (l) 3.4.14 Nothing in this clause requires Healthscope management to increase the hours of a regular casual employee seeking conversion to full-time or part-time permanent employment. (m) Healthscope will provide all new 3.4.15 All existing casual employees with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link have access to an electronic copy of this Agreement) within agreement on the first twelve (12) months company intranet site. Changes introduced following negotiations for a replacement agreement are explained to existing employees as per the requirements of the employee’s engagement Act prior to ballot. New employees are provided with Healthscopea link to this agreement in their letter of offer. (n) A casual employee’s right to request to convert is not affected if Healthscope fails to comply with the notice requirements as required in this clause.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Right to request casual conversion. (a) For A person engaged by the purposes of this clause, Shire as a regular casual employee’ employee may request that their employment be converted to full-time or part-time employment. (b) A regular casual employee is a casual employee who has in the preceding period of twelve (12) months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this Agreementaward. (bc) A regular casual employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding period of twelve (12) months months’ casual employment may request to have their employment converted to full-time employment. (cd) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (de) Any request under this subclause must be in writing and provided to Healthscope in writingthe Shire. (ef) Where a regular casual employee requests seeks to convert to full-time or part- part-time employment, Healthscope the Shire may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. (fg) Reasonable grounds for refusal include that: (i) It would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this Agreement –that is, the casual employee is not truly a regular casual employee as defined in paragraph (b); (ii) It is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next twelve (12) months; (iii) It is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next twelve (12) months; (iv) It is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next twelve (12) months which cannot be accommodated within the days and/or hours during which the employee is available to work; or (v) Acceptance of the request by the Shire would contravene a merit selection employment requirement contained in State or Territory legislation applicable to local governments. (h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (i) Where Healthscope the Shire refuses a regular casual employee’s request to convert, it the Shire must provide the casual employee with the Shire’s reasons for refusal in writing within twenty-one (21) days of the request being made. If the employee does not accept the Shire’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution process in clause 11. Under that process, the employee or the Shire may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (hj) Where it is agreed that a casual employee will have their employment converted to full-full- time or part-time employment as provided for in this clause, Healthscope the Shire and the employee must discuss and record in writing: (i) the form of employment to which the employee will convert that is, full-time or part-time employment;; and (ii) if it is agreed that the employee will become a part-time employee, the matters referred to Shire and the part-time employee will agree in clause 14.3(c) writing on a regular pattern of this Agreement; andwork, specifying at least the hours worked each day, which days of the week the employee will work and where practicable the actual starting and finishing times each day. (iiik) the date the The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (il) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of Healthscopethe Shire. (jm) A casual employee must not be engaged and re-engaged (which includes included a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (kn) Nothing in this clause obliges a regular casual employee to convert to full- full-time or part-part- time employment, nor permits Healthscope the Shire to require a regular casual employee to so convert. (lo) Nothing in this clause requires Healthscope the Shire to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. (mp) Healthscope will The Shire must provide all new a casual employees employee, whether a regular casual employee or not, with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) subclause 4.2.3 within the first twelve (12) months of the employee’s first engagement to perform work. In respect of casual employees already employed as of the date this Agreement is registered by the Fair Work Commission, the Shire must provide such employees with Healthscopea copy of the provisions of this subclause within 3 months. (nq) A casual employee’s right to request to convert is not affected if Healthscope the Shire fails to comply with the notice requirements as required in this clause.paragraph (p)

Appears in 1 contract

Samples: Enterprise Agreement

Right to request casual conversion. (a) For the purposes of this clause, a ‘A regular casual employee’ Employee may request that their employment be converted to full time or part time employment. (b) A regular casual Employee is a casual employee Employee who has in the preceding period of twelve (12) months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee Employee could continue to perform as a full-full time employee Employee or part-part time employee Employee under the provisions of this Agreement. (b) A regular casual employee who has worked an average of thirty eight (38) or more ordinary hours a week in the preceding twelve (12) months may request to have their employment converted to full-time employment. (c) A regular casual employee Employee who has worked less than equivalent full-full time hours over the preceding period of twelve (12) months' casual employment may request to have their employment converted to part- full time employment. (d) A regular casual Employee who has worked less than equivalent full time hours over the preceding period of twelve (12) months' casual employment may request to have their employment converted to part time employment consistent with the pattern of hours previously worked. (de) Any request under this subclause 17.5 must be in writing and provided to Healthscope in writingthe Employer. (ef) Where a regular casual employee requests Employee seeks to convert to full-full time or part- part time employment, Healthscope the Employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employeeEmployee. (fg) Reasonable grounds for refusal include that: (i) it would require a significant adjustment to the casual Employee's hours of work in order for the Employee to be engaged as a full time or part time Employee in accordance with the provisions of this Agreement - that is, the casual Employee is not truly a regular casual Employee as defined in subclause 17.5(b); (ii) it is known or reasonably foreseeable that the regular casual Employee's position will cease to exist within the next twelve (12) months; (iii) it is known or reasonably foreseeable that the hours of work which the regular casual Employee is required to perform will be significantly reduced in the next twelve (12) months; or (iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee's hours of work are required to be performed in the next twelve (12) months which cannot be accommodated within the days and/or hours during which the Employee is available to work. (h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (i) Where Healthscope the Employer refuses a regular casual employeeEmployee’s request to convert, it the Employer must provide the casual employee Employee with the Employer’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the Employee does not accept the Employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 13. Under that procedure, the Employee or the Employer may refer the matter to the FWC if the dispute cannot be resolved at the workplace level. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (hj) Where it is agreed that a casual employee Employee will have their employment converted to full-full time or part-part time employment as provided for in this clause, Healthscope the Employer and the employee Employee must discuss and record in writing: (i) the form of employment to which the employee Employee will convert – that is, full-full time or part-part time employment;; and (ii) if it is agreed that the employee Employee will become a part-part time employeeEmployee, the matters referred to in clause 14.3(c) of this Agreement; andsubclause 17.2(a). (iiik) the date the The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (il) Once a casual employee Employee has converted to full-full time or part-part time employment, the employee Employee may only revert to casual employment with the written agreement of Healthscopethe Employer. (jm) A casual employee Employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (kn) Nothing in this clause subclause 17.5 obliges a regular casual employee Employee to convert to full- full time or part-part time employment, nor permits Healthscope the Employer to require a regular casual employee Employee to so convert. (lo) Nothing in this clause subclause 17.5 requires Healthscope the Employer to increase the hours of a regular casual employee Employee seeking conversion to full-full time or part-part time employment. (mp) Healthscope will The Employer must provide all new a casual employees Employee, whether a regular casual Employee or not, with a copy of the provisions of this clause (which can include giving subclause 17.5 within the employee first 12 months of the Employee’s first engagement to perform work. In respect of casual employees already employed at commencement of the Agreement, the Employer must provide such Employees with a copy of the provisions of this Agreement or providing them with a link to an electronic copy subclause 17.5 within three (3) months of commencement of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscope. (nq) A casual employeeEmployee’s right to request to convert is not affected if Healthscope the Employer fails to comply with the notice requirements as required in this clausesubclause 17.5(p).

Appears in 1 contract

Samples: Enterprise Agreement

Right to request casual conversion. (a) For 9.1. A person engaged by the purposes of this clause, Company as a regular casual employee’ employee may request that their employment be converted to full-time or part-time employment. 9.2. A regular casual employee is a casual employee who has in the preceding period of twelve (12) 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this Agreement. (b) 9.3. A regular casual employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 12 months’ casual employment may request to have their employment converted to full-time employment. (c) 9.4. A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (d) 9.5. Any request under this subclause clause must be in writing and provided to Healthscope in writingthe Company. (e) 9.6. Where a regular casual employee requests seeks to convert to full-time or part- part-time employment, Healthscope the Company may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. (f) 9.7. Reasonable grounds for refusal include that: 9.7.1. it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this Agreement – that is, the casual employee is not truly a regular casual employee as defined in subclause 9.2 of this Agreement; 9.7.2. it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; 9.7.3. it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or 9.7.4. it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. 9.8. For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 9.9. Where Healthscope the Company refuses a regular casual employee’s request to convert, it the employer must provide the casual employee with the employer’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the employee does not accept the Company’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in this Agreement. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (h) 9.10. Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope the Company and the employee must discuss and record in writing: (i) 9.10.1. the form of employment to which the employee will convert that is, full-time or part-time employment;; and (ii) 9.10.2. if it is agreed that the employee will become a part-time employee, the matters referred number of hours to in clause 14.3(c) be worked each day, the days of this Agreement; andthe week the employee will work and the starting and finishing times each day. (iii) the date the 9.11. The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed) (i) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of Healthscope. (j) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (k) Nothing in this clause obliges a regular casual employee to convert to full- time or part-time employment, nor permits Healthscope to require a regular casual employee to so convert. (l) Nothing in this clause requires Healthscope to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. (m) Healthscope will provide all new casual employees with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscope. (n) A casual employee’s right to request to convert is not affected if Healthscope fails to comply with the notice requirements as required in this clause.

Appears in 1 contract

Samples: Enterprise Agreement

Right to request casual conversion. (a) For the purposes of this clause, a ‘14.7.1 A “regular casual employeeis a casual employee who has in the preceding period of twelve (12) 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-full- time employee or part-time employee under the provisions of this Agreement. (b) 14.7.2 A regular casual employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 12 months’ casual employment may request to have their employment converted to full-time employment. (c) 14.7.3 A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (d) 14.7.4 Any request under this subclause must be provided made in writing to Healthscope in writingthe ABC. (e) Where 14.7.5 The ABC may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been a regular discussion with the employee. 14.7.6 Reasonable grounds for refusal include but are not limited to that: a. it would require a significant adjustment to the casual employee’s hours of work in order for the employee requests to convert to be engaged as a full-time or part- time employment, Healthscope may agree to or refuse the request after there has been consultation employee in accordance with the provisions of this Agreement; b. it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; c. it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or d. it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. (f) 14.7.7 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 14.7.8 Where Healthscope the ABC refuses a regular casual employee’s request to convert, it the ABC must provide the casual employee with the ABC’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (h) 14.7.9 Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope and the ABC must provide to the employee must discuss and record the following in writing: (i) a. confirmation of the form of employment to which the employee will convert – that is, full-time or part-time employment;; and (ii) if it is agreed that the employee will become a b. for part-time employeeemployment, the matters referred to in clause 14.3(c) of this Agreement; and15.3.1. (iii) the date the 14.7.10 The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, after the employee has accepted in writing the offer of ongoing employment made by the ABC unless otherwise another date is agreed). (i) 14.7.11 Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of Healthscopethe ABC. (j) 14.7.12 A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (k) 14.7.13 Nothing in this clause clause: a. obliges a regular casual employee to convert to full- full-time or part-time employment, nor ; b. permits Healthscope the ABC to require a regular casual employee to so convert; or. (l) Nothing in this clause c. requires Healthscope the ABC to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. (m) Healthscope 14.7.14 The ABC will provide all new notify casual employees with of their right to request conversion under this clause in writing at the following times: a. for a copy of casual employee whose first engagement is after the provisions commencement of this clause (which can include giving Agreement, no later than two weeks after the commencement of their first engagement; and b. for a person who has worked and was paid as a casual employee a copy at any time within the 12 months prior to the commencement of this Agreement or providing them with (and is not a link to an electronic copy permanent employee at the commencement of this Agreement) within the first twelve ), no later than six (126) months after the commencement of the employee’s engagement with Healthscopethis Agreement. (n) A casual employee’s right to request to convert is not affected if Healthscope fails to comply with the notice requirements as required in this clause.

Appears in 1 contract

Samples: Enterprise Agreement

Right to request casual conversion. (a) For A person engaged by the purposes of this clause, a ‘regular casual employee’ is Employer as a casual employee who has in the preceding Employee, other than an irregular casual Employee, after a sequence of periods of employment during a period of twelve (12) 9 months worked a pattern of ordinary hours on an may request that their employment be converted to ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-part- time employee under the provisions of this Agreementemployment. (b) An irregular casual Employee is one who has been engaged to perform work on an occasional, non-systematic or irregular basis. (c) A regular casual employee Employee who has worked an average of thirty eight (38) 38 or more ordinary hours a week in the preceding twelve (12) months may request to have their employment converted to full-time employment. (c) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 9 months’ casual employment may request to have their employment converted to part- ongoing full-time employment. (d) A casual Employee who has worked at the rate of an average of less than 38 hours a week in the period of 9 months’ casual employment may request to have their employment converted to ongoing part-time employment consistent with the pattern of hours previously workedworked during that period. (de) Any request under this subclause clause must be in writing and provided to Healthscope in writingthe Employer. (ef) Where a regular casual employee requests Employee seeks to convert to ongoing full-time or part- part-time employment, Healthscope the Employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employeeEmployee. (fg) Reasonable grounds for refusal include that: (A) it would require a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-time or part- time Employee in accordance with the provisions of this agreement; – (B) it is known or reasonably foreseeable that the casual Employee’s position will cease to exist within the next 6 months; (C) it is known or reasonably foreseeable that the hours of work which the casual Employee is required to perform will be significantly reduced in the reasonably foreseeable future to less than 38 hours per week (for a full-time Employee) or less than the average hours worked over the preceding six months as a casual Employee; (D) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the reasonably foreseeable future which cannot be accommodated within the days and/or hours during which the Employee is available to work; or (E) the Employee is an irregular casual. (h) Where Healthscope the Employer refuses a regular casual employeeEmployee’s request to convertconvert (other than where the Employee is an irregular casual), it the Employer must provide the casual employee Employee with the Employer’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the Employee does not accept the Employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure of this agreement. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (hi) Where it is agreed that a casual employee Employee will have their employment converted to full-full- time or part-time employment as provided for in this clause, Healthscope the Employer and the employee Employee must discuss and record in writing: (ij) The date from which the conversion will take effect is the commencement of the next pay cycle following such agreement being reached unless otherwise agreed. (A) the form of employment to which the employee Employee will convert – that is, ongoing full-time or part-time employment; (ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) of this Agreement; and (iii) the date the conversion will take effect (which will be the start of the next pay cycle following such agreement being reached, unless otherwise agreed) (ik) Once a casual employee Employee has converted to full-time or part-time employment, the employee Employee may only revert to casual employment with the written agreement of Healthscopethe Employer. (jl) A casual employee Employee must not be engaged and and/or re-engaged (which includes a refusal to re-engage), or have their his or her hours reduced or varied, in order to avoid any right or obligation under this clause. (km) Nothing in this clause obliges a regular casual employee Employee to convert to full- full-time or part-time employment, nor permits Healthscope an Employer to require a regular casual employee Employee to so convert. (ln) Nothing in this clause requires Healthscope an Employer to increase the hours of a regular casual employee Employee seeking conversion to full-time or part-time employment. (m) Healthscope will provide all new casual employees with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscope. (n) A casual employee’s right to request to convert is not affected if Healthscope fails to comply with the notice requirements as required in this clause.

Appears in 1 contract

Samples: Disability Services Enterprise Agreement

Right to request casual conversion. (a) For the purposes of this clause, 2.5.1. A person engaged by NextSense as a regular casual employee’ Employee may request that their employment be converted to full-time or part-time employment, except that the Employee cannot exercise their right to request casual conversation for six (6) months from the date of the decision where: a. NextSense has determined that there are reasonable business grounds to not make an offer of casual conversion and notifies the Employee of its decision in accordance with clause 2.4; or b. An Employee has refused an offer to casual conversion. 2.5.2. A regular casual Employee is a casual employee Employee who has in the worked a regular pattern of hours over a preceding period of twelve (12) at least 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee and could continue to perform work those hours as a full-time employee or part-time employee Employee without significant changes under the provisions of this Agreement. (b) 2.5.3. A regular casual employee Employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 12 months’ casual employment may request to have their employment converted to full-time employment. (c) 2.5.4. A regular casual employee Employee who has worked less than the equivalent full-time hours over the preceding period of twelve (12) 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (d) 2.5.5. Any request under this subclause clause must be in writing and provided to Healthscope in writingNextSense. (e) 2.5.6. Where a regular casual employee requests Employee seeks to convert to full-time or part- part-time employment, Healthscope NextSense may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employeeEmployee. (f) 2.5.7. Reasonable grounds for refusal include that: a. it would require a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-time or part-time Employee in accordance with the provisions of this Agreement – that is, the casual Employee is not truly a regular casual Employee as defined in clause 1.4(d). b. it is known or reasonably foreseeable that the regular casual Employee’s position will cease to exist within the next 12 months; c. it is known or reasonably foreseeable that the hours of work which the regular casual Employee is required to perform will be significantly reduced in the next 12 months; or d. it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the Employee is available to work. 2.5.8. For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 2.5.9. Ordinarily NextSense will respond to a request from a casual Employee under this clause 2.5, within 21 days. In circumstances where NextSense is unable to respond within 21 days, it will inform the casual Employee of the reasons for delay and provide a reasonable timeframe for response. a. Where Healthscope NextSense refuses a regular casual employeeEmployee’s request to convert, it must provide the casual employee Employee with the its reasons for refusal in writing within twenty-one (21) days of the request being madewriting. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (h) b. Where it is agreed that a casual employee Employee will have their employment converted to full-time or part-time employment as provided for in this clauseclause 2.5, Healthscope NextSense and the employee Employee must discuss and record in writing: (i) writing the form of employment to which the employee Employee will convert – that is, full-time or part-part- time employment;. (ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) of this Agreement; and (iii) the date the 2.5.10. The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (i) 2.5.11. Once a casual employee Employee has converted to full-time or part-time employment, the employee Employee may only revert to casual employment with the written agreement of Healthscope.NextSense (j) A casual employee 2.5.12. NextSense must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order take any action to avoid any right or obligation under this clauseclause 2.4 and 2.5. (k) 2.5.13. Nothing in this clause 2.5 or 2.4 obliges a regular casual employee Employee to convert to full- full-time or part-time employment, nor permits Healthscope NextSense to require a regular casual employee Employee to so convert. (l) 2.5.14. Nothing in this clause 2.5 or 2.4 requires Healthscope NextSense to increase the hours of a regular casual employee Employee seeking conversion to full-time or part-time employment. (m) Healthscope will provide all new casual employees with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscope. (n) A casual employee’s right to request to convert is not affected if Healthscope fails to comply with the notice requirements as required in this clause.

Appears in 1 contract

Samples: Enterprise Agreement

Right to request casual conversion. (a) For the purposes of this clause, 14.1 A person engaged as a regular casual employee’ Employee may request that their employment be converted to full-time or part-time employment. 14.2 A regular casual Employee is a casual employee Employee who has in the preceding period of twelve (12) 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee Employee could continue to perform as a full-time employee Employee or part-time employee Employee under the provisions of this Agreement. (b) 14.3 A regular casual employee Employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 12 months’ casual employment may request to have their employment converted to full-time employment. (c) 14.4 A regular casual employee Employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (d) 14.5 Any request under this subclause sub-clause must be in writing and provided to Healthscope in writingTEISD. (e) 14.6 Where a regular casual employee requests Employee seeks to convert to full-time or part- part-time employment, Healthscope TEISD may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employeeEmployee. (f) 14.7 Reasonable grounds for refusal include that: 14.7.1 it would require a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-time or part-time Employee in accordance with the provisions of this Agreement, i.e. the casual Employee is not truly a regular casual Employee as defined in paragraph 14.2; 14.7.2 it is known or reasonably foreseeable that the regular casual Employee’s position will cease to exist within the next 12 months; 14.7.3 it is known or reasonably foreseeable that the hours of work which the regular casual Employee is required to perform will be significantly reduced in the next 12 months; or 14.7.4 it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the Employee is available to work. 14.8 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 14.9 Where Healthscope XXXXX refuses a regular casual employeeEmployee’s request to convert, it must provide the casual employee Employee with the reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the Employee does not accept TEISD’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution process in clause 64. Under that procedure, the Employee or TEISD may refer the matter to the FWC if the dispute cannot be resolved at the workplace level. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (h) 14.10 Where it is agreed that a casual employee Employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope TEISD and the employee Employee must discuss and record in writing: (i) 14.10.1 the form of employment to which the employee Employee will convert – that isconvert, i.e. full-time or part-time employment;; and (ii) 14.10.2 if it is agreed that the employee Employee will become a part-time employeeEmployee, the matters referred to in clause 14.3(c) number of this Agreement; andhours per week. (iii) the date the 14.11 The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (i) 14.12 Once a casual employee Employee has converted to full-time or part-time employment, the employee Employee may only revert to casual employment with the written agreement of HealthscopeTEISD. (j) 14.13 A casual employee Employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (k) 14.14 Nothing in this clause obliges a regular casual employee Employee to convert to full- full-time or part-time employment, nor permits Healthscope TEISD to require a regular casual employee Employee to so convert. (l) 14.15 Nothing in this clause requires Healthscope TEISD to increase the hours of a regular casual employee Employee seeking conversion to full-time or part-time employment. (m) Healthscope will 14.16 TEISD must provide all new a casual employees Employee, whether a regular casual Employee or not, with a copy of the provisions of this sub-clause (which can include giving within the employee first 12 months of the Employee’s first engagement to perform work. In respect of casual Employees already employed as at 11 October 2019, TEISD must have provide such Employees with a copy of this Agreement or providing them with a link to an electronic copy the provisions of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscopesub-clause by 1 January 2020. (n) 14.17 A casual employeeEmployee’s right to request to convert is not affected if Healthscope TEISD fails to comply with the notice requirements as required in this clauseparagraph 14.16.

Appears in 1 contract

Samples: Enterprise Bargaining Agreement

Right to request casual conversion. (a) For the purposes of this clause, A person engaged by a particular Employer as a for at least 12 months may request that their employment be converted to full-time or part-time employment. (b) A regular casual employee’ employee is a casual employee who has in the preceding period of twelve (12) six months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-part- time employee under the provisions of this Agreement. (bc) A regular casual employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of six months’ casual employment may request to have their employment converted to full-time employment. (cd) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) six months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (de) Any request under this subclause must be in writing and provided to Healthscope in writingthe employer. (ef) Where a regular casual employee requests seeks to convert to full-time or part- part-time employment, Healthscope the employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. (fg) Reasonable grounds for refusal include that: (i) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this Agreement – that is, the casual employee is not truly a regular casual employee as defined in paragraph 7.6(b); (ii) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; (iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2023 (iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. (h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (i) Where Healthscope the employer refuses a regular casual employee’s request to convert, it the employer must provide the casual employee with the employer’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in Clause 28 – Dispute Resolution Procedure. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (hj) Where it is agreed that a casual employee will have their employment converted to full-full- time or part-time employment as provided for in this clause, Healthscope the employer and the employee must discuss and record in writing: (i) the form of employment to which the employee will convert – that is, full-full- time or part-time employment;; and (ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) of this Agreement; andparagraph 7.4(d). (iiik) the date the The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (il) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of Healthscopethe employer. (jm) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (kn) Nothing in this clause obliges a regular casual employee to convert to full- full-time or part-part- time employment, nor permits Healthscope an employer to require a regular casual employee to so convert. (lo) Nothing in this clause requires Healthscope an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. (mp) Healthscope will An employer must provide all new a casual employees employee, whether a regular casual employee or not, with a copy of the provisions of this sub-clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) 12 months of the employee’s first engagement with Healthscopeto perform work. (nq) A casual employee’s right to request to convert is not affected if Healthscope the employer fails to comply with the notice requirements as required in this clause.paragraph 7.6(p). Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2023

Appears in 1 contract

Samples: Support Staff Multi Enterprise Agreement

Right to request casual conversion. (a) For the purposes of this clause, 11.1. A person engaged as a regular casual employee’ employee may request that their employment be converted to full-time or part-time employment. 11.2. A regular casual employee is a casual employee who has in the preceding period of twelve (12) months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this Agreement. (b) 11.3. A regular casual employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding period of twelve (12) months may request to have their employment converted to full-time employment. (c) 11.4. A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) months’ casual employment months may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (d) 11.5. Any request under this subclause clause must be in writing and provided to Healthscope in writingthe employer. (e) 11.6. Where a regular casual employee requests seeks to convert to full-time or part- part-time employment, Healthscope the employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. 11.7. Reasonable grounds for refusal include that: a. it would require a significant adjustment to the casual employee's hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this Agreement that is, the casual employee is not truly a regular casual employee as defined in Clause 11.2 above; b. it is known or reasonably foreseeable that the regular casual employee's position will cease to exist within the next twelve (f12) months; c. it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next twelve (12) months; or d. it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee's hours of work are required to be performed in the next twelve (12) months which cannot be accommodated within the days and/or hours during which the employee is available to work. 11.8. For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 11.9. Where Healthscope the employer refuses a regular casual employee’s 's request to convert, it must provide the casual employee must be provided with the reasons for refusal in writing within twenty-twenty- one (21) days of the request being made. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (h) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope and 11.10. If the employee must discuss and record in writing: (i) does not accept the form of employment to which the employee employer’s refusal, this will convert – constitute a dispute that is, full-time or part-time employment; (ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) of this Agreement; and (iii) the date the conversion will take effect (which will be dealt with under the start of the next pay cycle following such agreement being reached, unless otherwise agreed) (i) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of Healthscopedispute resolution procedure provided in Clause 7. (j) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (k) Nothing in this clause obliges a regular casual employee to convert to full- time or part-time employment, nor permits Healthscope to require a regular casual employee to so convert. (l) Nothing in this clause requires Healthscope to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. (m) Healthscope will provide all new casual employees with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscope. (n) A casual employee’s right to request to convert is not affected if Healthscope fails to comply with the notice requirements as required in this clause.

Appears in 1 contract

Samples: Enterprise Agreement

Right to request casual conversion. (a) For A person engaged by the purposes of this clause, company as a regular casual employee’ Employee may request that their employment be converted to full-time or part-time employment. (b) A regular casual Employee is a casual employee Employee who has in the preceding period of twelve (12) 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee Employee could continue to perform as a full-time employee Employee or part-part- time employee Employee under the provisions of this Agreementaward. (bc) A regular casual employee Employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 6 months’ casual employment may request to have their employment converted to full-time employment. (cd) A regular casual employee Employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 6 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (de) Any request under this subclause must be in writing and provided to Healthscope in writingthe employer. (ef) Where a regular casual employee requests Employee seeks to convert to full-time or part- part-time employment, Healthscope the employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employeeEmployee. (fg) Reasonable grounds for refusal include that: i. it would require a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-time or part-time Employee in accordance with the provisions of this award – that is, the casual Employee is not truly a regular casual Employee as defined in paragraph (b); ii. it is known or reasonably foreseeable that the regular casual Employee’s position will cease to exist within the next 12 months; iii. it is known or reasonably foreseeable that the hours of work which the regular casual Employee is required to perform will be significantly reduced in the next 12 months; or iv. it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the Employee is available to work. (h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (i) Where Healthscope the employer refuses a regular casual employeeEmployee’s request to convert, it the employer must provide the casual employee Employee with the employer’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the Employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 11. Under that procedure, the Employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (hj) Where it is agreed that a casual employee Employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope the employer and the employee Employee must discuss and record in writing: (i) i. the form of employment to which the employee Employee will convert – that is, full-time or part-time employment;; and (ii) . if it is agreed that the employee Employee will become a part-time employeeEmployee, the matters referred to in clause 14.3(c) Employee’s hours of this Agreement; andwork. (iiik) the date the The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (il) Once a casual employee Employee has converted to full-time or part-time employment, the employee Employee may only revert to casual employment with the written agreement of Healthscopethe employer. (jm) A casual employee Employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (kn) Nothing in this clause obliges a regular casual employee Employee to convert to full- full-time or part-time employment, nor permits Healthscope an employer to require a regular casual employee Employee to so convert. (lo) Nothing in this clause requires Healthscope an employer to increase the hours of a regular casual employee Employee seeking conversion to full-time or part-time employment. (mp) Healthscope will An employer must provide all new a casual employees Employee, whether a regular casual Employee or not, with a copy of the provisions of this clause (which can include giving subclause within the employee first 12 months of the Employee’s first engagement to perform work. In respect of casual Employees already employed as at 1 October 2018, an employer must provide such Employees with a copy of this Agreement or providing them with a link to an electronic copy the provisions of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscopesubclause by 1 January 2019. (nq) A casual employeeEmployee’s right to request to convert is not affected if Healthscope the employer fails to comply with the notice requirements as required in this clauseparagraph (p).

Appears in 1 contract

Samples: Fieldwork Agreement

Right to request casual conversion. (a) For A person engaged by the purposes of this clause, a ‘regular casual employee’ is Employer as a casual employee who has in the preceding Employee, other than an irregular casual Employee, after a sequence of periods of employment during a period of twelve (12) 9 months worked a pattern of ordinary hours on an may request that their employment be converted to ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-part- time employee under the provisions of this Agreementemployment. (b) An irregular casual Employee is one who has been engaged to perform work on an occasional, non-systematic or irregular basis. (c) A regular casual employee Employee who has worked an average of thirty eight (38) 38 or more ordinary hours a week in the preceding twelve (12) months may request to have their employment converted to full-time employment. (c) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 9 months’ casual employment may request to have their employment converted to part- ongoing full-time employment. (d) A casual Employee who has worked at the rate of an average of less than 38 hours a week in the period of 9 months’ casual employment may request to have their employment converted to ongoing part-time employment consistent with the pattern of hours previously workedworked during that period. (de) Any request under this subclause clause must be in writing and provided to Healthscope in writingthe Employer. (ef) Where a regular casual employee requests Employee seeks to convert to ongoing full-time or part- part-time employment, Healthscope the Employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employeeEmployee. (fg) Reasonable grounds for refusal include that: (A) it would require a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-time or part-time Employee in accordance with the provisions of this agreement; – (B) it is known or reasonably foreseeable that the casual Employee’s position will cease to exist within the next 6 months; (C) it is known or reasonably foreseeable that the hours of work which the casual Employee is required to perform will be significantly reduced in the reasonably foreseeable future to less than 38 hours per week (for a full-time Employee) or less than the average hours worked over the preceding six months as a casual Employee; (D) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the reasonably foreseeable future which cannot be accommodated within the days and/or hours during which the Employee is available to work; or (E) the Employee is an irregular casual. (h) Where Healthscope the Employer refuses a regular casual employeeEmployee’s request to convertconvert (other than where the Employee is an irregular casual), it the Employer must provide the casual employee Employee with the Employer’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the Employee does not accept the Employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure of this agreement. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (hi) Where it is agreed that a casual employee Employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope the Employer and the employee Employee must discuss and record in writing: (ij) The date from which the conversion will take effect is the commencement of the next pay cycle following such agreement being reached unless otherwise agreed. (A) the form of employment to which the employee Employee will convert – that is, ongoing full-time or part-time employment; (ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) of this Agreement; and (iii) the date the conversion will take effect (which will be the start of the next pay cycle following such agreement being reached, unless otherwise agreed) (ik) Once a casual employee Employee has converted to full-time or part-time employment, the employee Employee may only revert to casual employment with the written agreement of Healthscopethe Employer. (jl) A casual employee Employee must not be engaged and and/or re-engaged (which includes a refusal to re-engage), or have their his or her hours reduced or varied, in order to avoid any right or obligation under this clause. (km) Nothing in this clause obliges a regular casual employee Employee to convert to full- full-time or part-time employment, nor permits Healthscope an Employer to require a regular casual employee Employee to so convert. (ln) Nothing in this clause requires Healthscope an Employer to increase the hours of a regular casual employee Employee seeking conversion to full-time or part-time employment. (m) Healthscope will provide all new casual employees with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscope. (n) A casual employee’s right to request to convert is not affected if Healthscope fails to comply with the notice requirements as required in this clause.

Appears in 1 contract

Samples: Disability Services Enterprise Agreement Victoria 2018 2022

Right to request casual conversion. (a) For the purposes of this clause, a ‘A regular casual employee’ team member may request that their employment be converted to full-time or part-time employment. (b) A regular casual team member is a casual employee team member who has in the preceding period of twelve (12) 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee team member could continue to perform as a full-time employee team member or part-time employee team member under the provisions of this Agreement. (bc) A regular casual employee team member who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 12 months’ casual employment may request to have their employment converted to full-time employment. (cd) A regular casual employee team member who has worked less than equivalent full-time hours over the preceding period of twelve (12) 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (de) Any request under this subclause must be provided to Healthscope the Company in writing. (ef) Where a regular casual employee requests team member seeks to convert to full-time or part- part-time employment, Healthscope the Company may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employeeteam member. (fg) Reasonable grounds for refusal include that: (i) it would require a significant adjustment to the casual team member’s hours of work in order for the team member to be engaged as a full-time or part-time team member in accordance with the provisions of this Agreement – that is, the casual team member is not truly a regular casual team member as defined in paragraph (b); (ii) it is known or reasonably foreseeable that the regular casual team member’s position will cease to exist within the next 12 months; (iii) it is known or reasonably foreseeable that the hours of work which the regular casual team member is required to perform will be significantly reduced in the next 12 months; or (iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the team member’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the team member is available to work. (h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (i) Where Healthscope the Company refuses a regular casual employeeteam member’s request to convert, it must provide the casual employee team member with the reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the team member does not accept the Company’s refusal, this will constitute a dispute that will be dealt with under the dispute settling procedure in clause 5. Under that procedure, the team member or the Company may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (hj) Where it is agreed that a casual employee team member will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope the Company and the employee team member must discuss and record in writing: (i) the form of employment to which the employee team member will convert – that is, full-time or part-time employment;; and (ii) if it is agreed that the employee team member will become a part-time employeeteam member, the matters referred to in clause 14.3(c) of this Agreement; and8.2(b). (iiik) the date the The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (il) Once a casual employee team member has converted to full-time or part-time employment, the employee team member may only revert to casual employment with the written agreement of Healthscopethe Company. (jm) A casual employee team member must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (kn) Nothing in this clause obliges a regular casual employee team member to convert to full- time or part-time employment, nor permits Healthscope the Company to require a regular casual employee team member to so convert. (lo) Nothing in this clause requires Healthscope the Company to increase the hours of a regular casual employee team member seeking conversion to full-time or part-time employment. (mp) Healthscope will The Company must provide all new a casual employees team member, whether a regular casual team member or not, with a copy of the provisions of this clause (which can include giving subclause within the employee first 12 months of the team member’s first engagement to perform work. The Company will provide casual team members already employed at the commencement of this Agreement with a copy of the provisions of this Agreement or providing them with a link to an electronic copy subclause within 3 months of approval of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscope. (nq) A casual employeeteam member’s right to request to convert is not affected if Healthscope the Company fails to comply with the notice requirements as required in this clauseclause 8.4(p).

Appears in 1 contract

Samples: Retail Agreement

Right to request casual conversion. (a) For the purposes of this clause, a ‘10.1.1 A regular casual employee’ employee may request that their employment be converted to full- time or part-time employment. 10.1.2 A regular casual employee is a casual employee who has in the preceding period of twelve (12) 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-part- time employee under the provisions of this Enterprise Agreement. (b) 10.1.3 A regular casual employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 12 months’ casual employment may request to have their employment converted to full-time employment. (c) 10.1.4 A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (d) 10.1.5 Any request under this subclause must be provided to Healthscope Xxxxx Xxxxx in writing. (e) 10.1.6 Where a regular casual employee requests seeks to convert to full-time or part- part-time employment, Healthscope Xxxxx Xxxxx may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. (f) Where Healthscope refuses a regular casual employee’s request to convert, it must provide the casual employee with the reasons 10.1.7 Reasonable grounds for refusal in writing within twenty-one (21) days of the request being made. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (h) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope and the employee must discuss and record in writinginclude that: (i) it would require a significant adjustment to the form casual employee’s hours of employment to which work in order for the employee will convert – that is, full-time or part-time employment; (ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) of this Agreement; and (iii) the date the conversion will take effect (which will be the start of the next pay cycle following such agreement being reached, unless otherwise agreed) (i) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of Healthscope. (j) A casual employee must not be engaged and re-engaged (which includes as a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (k) Nothing in this clause obliges a regular casual employee to convert to full- time or part-time employmentemployee in accordance with the provisions of this agreement – that is, nor permits Healthscope to require the casual employee is not truly a regular casual employee to so convert.as defined in paragraph (b); (lii) Nothing in this clause requires Healthscope it is known or reasonably foreseeable that the regular casual employee’s position will cease to increase exist within the next 12 months; (iii) it is known or reasonably foreseeable that the hours of a work which the regular casual employee seeking conversion is required to full-time or part-time employment.perform will be significantly reduced in the next 12 months; or (miv) Healthscope it is known or reasonably foreseeable that there will provide all new casual employees with be a copy of significant change in the provisions of this clause (days and/or times at which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscopehours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. (n) A casual employee’s right 10.1.8 For any ground of refusal to request to convert is not affected if Healthscope fails to comply with the notice requirements as required in this clausebe reasonable, it must be based on facts which are known or reasonably foreseeable.

Appears in 1 contract

Samples: Enterprise Agreement

Right to request casual conversion. (a) For A person engaged by the purposes of this clause, a ‘regular casual employee’ is Employer as a casual employee who has in the preceding Employee, other than an irregular casual Employee, after a sequence of periods of employment during a period of twelve (12) 9 months worked a pattern of ordinary hours on an may request that their employment be converted to ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-part- time employee under the provisions of this Agreementemployment. (b) An irregular casual Employee is one who has been engaged to perform work on an occasional, non-systematic or irregular basis. (c) A regular casual employee Employee who has worked an average of thirty eight (38) 38 or more ordinary hours a week in the preceding twelve (12) months may request to have their employment converted to full-time employment. (c) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 9 months’ casual employment may request to have their employment converted to part- ongoing full-time employment. (d) A casual Employee who has worked at the rate of an average of less than 38 hours a week in the period of 9 months’ casual employment may request to have their employment converted to ongoing part-time employment consistent with the pattern of hours previously workedworked during that period. (de) Any request under this subclause clause must be in writing and provided to Healthscope in writingthe Employer. (ef) Where a regular casual employee requests Employee seeks to convert to ongoing full-time or part- part-time employment, Healthscope the Employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employeeEmployee. (fg) Reasonable grounds for refusal include that: (A) it would require a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-timeor part- time Employee in accordance with the provisions of this agreement; – (B) it is known or reasonably foreseeable that the casual Employee’s position will cease to exist within the next 6 months; (C) it is known or reasonably foreseeable that the hours of work which the casual Employee is required to perform will be significantly reduced in the reasonably foreseeable future to less than 38 hours per week (for a full-time Employee) or less than the average hours worked over the preceding six months as a casual Employee; (D) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the reasonably foreseeable future which cannot be accommodated within the days and/or hours during which the Employee is available to work; or (E) the Employee is an irregular casual. (h) Where Healthscope the Employer refuses a regular casual employeeEmployee’s request to convertconvert (other than where the Employee is an irregular casual), it the Employer must provide the casual employee Employee with the Employer’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the Employee does not accept the Employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure of this agreement. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (hi) Where it is agreed that a casual employee Employee will have their employment converted to full-full- time or part-time employment as provided for in this clause, Healthscope the Employer and the employee Employee must discuss and record in writing: (ij) The date from which the conversion will take effect is the commencement of the next pay cycle following such agreement being reached unless otherwise agreed. (A) the form of employment to which the employee Employee will convert – that is, ongoing full-time or part-time employment; (ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) of this Agreement; and (iii) the date the conversion will take effect (which will be the start of the next pay cycle following such agreement being reached, unless otherwise agreed) (ik) Once a casual employee Employee has converted to full-time or part-time employment, the employee Employee may only revert to casual employment with the written agreement of Healthscopethe Employer. (jl) A casual employee Employee must not be engaged and and/or re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (km) Nothing in this clause obliges a regular casual employee Employee to convert to full- full-time or part-time employment, nor permits Healthscope an Employer to require a regular casual employee Employee to so convert. (ln) Nothing in this clause requires Healthscope an Employer to increase the hours of a regular casual employee Employee seeking conversion to full-time or part-time employment. (m) Healthscope will provide all new casual employees with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscope. (n) A casual employee’s right to request to convert is not affected if Healthscope fails to comply with the notice requirements as required in this clause.

Appears in 1 contract

Samples: Enterprise Agreement

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Right to request casual conversion. (a) For 12.5.1 A person engaged by the purposes of this clause, City as a regular casual employee’ Employee may request that their employment be converted to full-time or part-time employment. 12.5.2 A regular casual Employee is a casual employee Employee who has in the preceding period of twelve (12) 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee Employee could continue to perform as a full-time employee Employee or part-time employee Employee under the provisions of this Agreement.Agreement.‌ (b) 12.5.3 A regular casual employee Employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 12 months’ casual employment may request to have their employment converted to full-time employment. (c) 12.5.4 A regular casual employee Employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (d) 12.5.5 Any request under this subclause sub-clause must be in writing and provided to Healthscope in writingthe City. (e) 12.5.6 Where a regular casual employee requests Employee seeks to convert to full-time or part- part-time employment, Healthscope the City may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employeeEmployee. (f12.5.7 Reasonable grounds for refusal include that: a) it would require a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-time or part-time Employee in accordance with the provisions of this Agreement – that is, the casual Employee is not truly a regular casual Employee as defined in sub-clause 12.5.2; b) it is known or reasonably foreseeable that the regular casual Employee’s position will cease to exist within the next 12 months; c) it is known or reasonably foreseeable that the hours of work which the regular casual Employee is required to perform will be significantly reduced in the next 12 months; d) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the Employee is available to work; or e) acceptance of the request by a local government would contravene a merit selection employment requirement contained in State or Territory legislation applicable to local governments. 12.5.8 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 12.5.9 Where Healthscope the City refuses a regular casual employeeEmployee’s request to convert, it the City must provide the casual employee Employee with the City’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the Employee does not accept the City’s refusal, this will constitute a dispute that will be dealt with under the Dispute Settlement Procedure in clause 8. Under that procedure, the Employee or the City may refer the matter to the Western Australian Industrial Relations Commission if the dispute cannot be resolved at the workplace level. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (h) 12.5.10 Where it is agreed that a casual employee Employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope the City and the employee Employee must discuss and record in writing: (ia) the form of employment to which the employee Employee will convert – that is, full-time or part-time employment;; and (iib) if it is agreed that the employee Employee will become a part-time employeeEmployee, the matters referred to in clause 14.3(c) regular pattern of this Agreement; andwork, specifying at least the hours worked each day, which days of the week the Employee will work and where practicable the actual starting and finishing times each day. (iii) the date the 12.5.11 The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (i) 12.5.12 Once a casual employee Employee has converted to full-time or part-time employment, the employee Employee may only revert to casual employment with the written agreement of Healthscopethe City. (j) 12.5.13 A casual employee Employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (k) 12.5.14 Nothing in this clause obliges a regular casual employee Employee to convert to full- full-time or part-time employment, nor permits Healthscope the City to require a regular casual employee Employee to so convert. (l) 12.5.15 Nothing in this clause requires Healthscope the City to increase the hours of a regular casual employee Employee seeking conversion to full-time or part-time employment. (m) Healthscope will 12.5.16 The City must provide all new a casual employees Employee, whether a regular casual Employee or not, with a copy of the provisions of this sub-clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) 12 months of the employeeEmployee’s first engagement with Healthscope.to perform work.‌ (n) 12.5.17 A casual employeeEmployee’s right to request to convert is not affected if Healthscope the City fails to comply with the notice requirements as required in this clauseclause 12.5.16.

Appears in 1 contract

Samples: Industrial Agreement

Right to request casual conversion. (a) For the purposes of this clause, A person engaged by a particular employer as a regular casual employee’ employee may request that their employment be converted to full-time or part-time employment. (b) A regular casual employee is a casual employee who has in the preceding period of twelve (12) 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this Agreementaward. (bc) A regular casual employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 12 months’ casual employment may request to have their employment converted to full-time employment. (cd) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (de) Any request under this subclause must be in writing and provided to Healthscope in writingthe employer. (ef) Where a regular casual employee requests seeks to convert to full-time or part- part-time employment, Healthscope the employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. (fg) Reasonable grounds for refusal include that: (i) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award –that is, the casual employee is not truly a regular casual employee as defined in paragraph 12.6(b); (ii) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; (iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or (iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. (h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (i) Where Healthscope the employer refuses a regular casual employee’s request to convert, it the employer must provide the casual employee with the employer’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 10.1. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (hj) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope the employer and the employee must discuss and record in writing: (i) the form of employment to which the employee will convert that is, full-time or part-time employment;; and (ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) of this Agreement; and12.4(d). (iiik) the date the The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (il) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of Healthscopethe employer. (jm) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (kn) Nothing in this clause obliges a regular casual employee to convert to full- full-time or part-time employment, nor permits Healthscope an employer to require a regular casual employee to so convert. (lo) Nothing in this clause requires Healthscope an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. (mp) Healthscope will An employer must provide all new a casual employee, whether a regular casual employee or not, with a copy of the provisions of this subclause within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 15 February 2019, an employer must provide such employees with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscopesubclause by 15 May 2019. (nq) A casual employee’s right to request to convert is not affected if Healthscope the employer fails to comply with the notice requirements as required in this clauseparagraph (p).

Appears in 1 contract

Samples: Presbyterian Ladies' College General Staff Agreement 2019 2021

Right to request casual conversion. (a) For 18.5.1 A person engaged by the purposes of this clause, Employer and who can be properly determined to be a regular casual employee’ employee may request that their employment be converted to full-time or part-time employment. 18.5.2 A regular casual employee is a casual employee who has in the preceding period of twelve (12) 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this Agreement. (b) 18.5.3 A regular casual employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 12 months’ casual employment may request to have their employment converted to full-time employment. (c) 18.5.4 A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (d) 18.5.5 Any request under this subclause clause must be in writing and provided to Healthscope in writingthe Company. (e) 18.5.6 Where a regular casual employee requests seeks to convert to full-time or part- part-time employment, Healthscope the Company may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. 18.5.7 Reasonable grounds for refusal include that: (fa) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this Agreement – that is, the casual employee is not truly a regular casual employee as defined in clause 18.5.2 of this Agreement; (b) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; (c) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or (d) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. 18.5.8 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 18.5.9 Where Healthscope the Company refuses a regular casual employee’s request to convert, it the Company must provide the casual employee with the Company’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the employee does not accept the Company’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 35 of this Agreement. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (h) 18.5.10 Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope the Company and the employee must discuss and record in writing: (ia) the form of employment to which the employee will convert – that is, full-time or part-part- time employment;; and (iib) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) 19 of this Agreement; and. (iii) the date the 18.5.11 The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (i) 18.5.12 Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of Healthscopethe Company. (j) 18.5.13 A casual employee must not be engaged and re-engaged (which includes a refusal to re-re- engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (k) 18.5.14 Nothing in this clause obliges a regular casual employee to convert to full- full-time or part-time employment, nor permits Healthscope the Company to require a regular casual employee to so convert. (l) 18.5.15 Nothing in this clause requires Healthscope the Company to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. (m) Healthscope will 18.5.16 The Company must provide all new a casual employee, whether a regular casual employee or not, with a copy of the provisions of this clause within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018, the Employer must provide such employees with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscopeby 1 January 2019. (n) 18.5.17 A casual employee’s right to request to convert is not affected if Healthscope the Company fails to comply with the notice requirements as required in clause 18.5.16 of this clauseAgreement.

Appears in 1 contract

Samples: Victorian Prisoner Transport Services Enterprise Agreement

Right to request casual conversion. (ai) For the purposes of this clause, A person engaged by a particular Employer as a regular casual employee’ Employee may request that their employment be converted to full- time or part-time employment. (ii) A regular casual Employee is a casual employee Employee who has in the preceding period of twelve (12) 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee Employee could continue to perform as a full-time employee Employee or part-time employee Employee under the provisions of this Agreement. (biii) A regular casual employee Employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 12 months’ casual employment may request to have their employment converted to full-time employment. (civ) A regular casual employee Employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (dv) Any request under this subclause sub-clause must be in writing and provided to Healthscope in writingthe Employer. (evi) Where a regular casual employee requests Employee seeks to convert to full-time or part- part-time employment, Healthscope the Employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employeeEmployee. (fvii) Reasonable grounds for refusal include that: A it would require a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-time or part-time Employee in accordance with the provisions of this Agreement – that is, the casual Employee is not truly a regular casual Employee as defined in sub-clause 12.5(e)(ii); B it is known or reasonably foreseeable that the regular casual Employee’s position will cease to exist within the next 12 months; C it is known or reasonably foreseeable that the hours of work which the regular casual Employee is required to perform will be significantly reduced in the next 12 months; or D it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the Employee is available to work. (viii) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (ix) Where Healthscope the Employer refuses a regular casual employeeEmployee’s request to convert, it the Employer must provide the casual employee Employee with the Employer’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the Employee does not accept the Employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 10. Under that procedure, the Employee or the Employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (hx) Where it is agreed that a casual employee Employee will have their employment converted to full-time or part-time employment as provided for in this sub-clause, Healthscope the Employer and the employee Employee must discuss and record in writing: (i) : A the form of employment to which the employee Employee will convert – that is, full-time or part-time employment; (ii) ; and B if it is agreed that the employee Employee will become a part-time employeeEmployee, the matters referred to in sub-clause 14.3(c) of this Agreement; and12.4(d). (iiixi) the date the The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (ixii) Once a casual employee Employee has converted to full-time or part-time employment, the employee Employee may only revert to casual employment with the written agreement of Healthscopethe Employer. (jxiii) A casual employee Employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this sub- clause. (kxiv) Nothing in this clause obliges a regular casual employee Employee to convert to full- full-time or part-time employment, nor permits Healthscope an Employer to require a regular casual employee Employee to so convert. (lxv) Nothing in this clause requires Healthscope an Employer to increase the hours of a regular casual employee Employee seeking conversion to full-time or part-time employment. (mxvi) Healthscope will An Employer must provide all new a casual employees Employee, whether a regular casual Employee or not, with a copy of the provisions of this sub- clause (which can include giving within the employee first 12 months of the Employee’s first engagement to perform work. In respect of casual Employees already employed as at the operative date of this Agreement, an Employer must provide such Employees with a copy of this Agreement or providing them with a link to an electronic copy the provisions of this Agreement) sub-clause within the first twelve (12) 3 months of the employee’s engagement with Healthscopeoperative date. (nxvii) A casual employeeEmployee’s right to request to convert is not affected if Healthscope the Employer fails to comply with the notice requirements as required in this clausesub- clause 12.5(e)(xvi).

Appears in 1 contract

Samples: Multi Enterprise Agreement

Right to request casual conversion. (a) For A person engaged by the purposes of this clause, a ‘regular casual employee’ is Employer as a casual employee who has in the preceding Employee, other than an irregular casual Employee, after a sequence of periods of employment during a period of twelve (12) 9 months worked a pattern of ordinary hours on an may request that their employment be converted to ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-part- time employee under the provisions of this Agreementemployment. (b) An irregular casual Employee is one who has been engaged to perform work on an occasional, non-systematic or irregular basis. (c) A regular casual employee Employee who has worked an average of thirty eight (38) 38 or more ordinary hours a week in the preceding twelve (12) months may request to have their employment converted to full-time employment. (c) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 9 months’ casual employment may request to have their employment converted to part- ongoing full-time employment. (d) A casual Employee who has worked at the rate of an average of less than 38 hours a week in the period of 9 months’ casual employment may request to have their employment converted to ongoing part-time employment consistent with the pattern of hours previously workedworked during that period. (de) Any request under this subclause clause must be in writing and provided to Healthscope in writingthe Employer. (ef) Where a regular casual employee requests Employee seeks to convert to ongoing full-time or part- part-time employment, Healthscope the Employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employeeEmployee. (fg) Reasonable grounds for refusal include that: (A) it would require a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-timeor part- time Employee in accordance with the provisions of this agreement; – (B) it is known or reasonably foreseeable that the casual Employee’s position will cease to exist within the next 6 months; (C) it is known or reasonably foreseeable that the hours of work which the casual Employee is required to perform will be significantly reduced in the reasonably foreseeable future to less than 38 hours per week (for a full-time Employee) or less than the average hours worked over the preceding six months as a casual Employee; (D) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the reasonably foreseeable future which cannot be accommodated within the days and/or hours during which the Employee is available to work; or (E) the Employee is an irregular casual. (h) Where Healthscope the Employer refuses a regular casual employeeEmployee’s request to convertconvert (other than where the Employee is an irregular casual), it the Employer must provide the casual employee Employee with the Employer’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the Employee does not accept the Employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure of this agreement. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (hi) Where it is agreed that a casual employee Employee will have their employment converted to full-full- time or part-time employment as provided for in this clause, Healthscope the Employer and the employee Employee must discuss and record in writing: (ij) The date from which the conversion will take effect is the commencement of the next pay cycle following such agreement being reached unless otherwise agreed. (A) the form of employment to which the employee Employee will convert – that is, ongoing full-time or part-time employment; (ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) of this Agreement; and (iii) the date the conversion will take effect (which will be the start of the next pay cycle following such agreement being reached, unless otherwise agreed) (ik) Once a casual employee Employee has converted to full-time or part-time employment, the employee Employee may only revert to casual employment with the written agreement of Healthscopethe Employer. (jl) A casual employee Employee must not be engaged and and/or re-engaged (which includes a refusal to re-engage), or have their his or her hours reduced or varied, in order to avoid any right or obligation under this clause. (km) Nothing in this clause obliges a regular casual employee Employee to convert to full- full-time or part-time employment, nor permits Healthscope an Employer to require a regular casual employee Employee to so convert. (ln) Nothing in this clause requires Healthscope an Employer to increase the hours of a regular casual employee Employee seeking conversion to full-time or part-time employment. (m) Healthscope will provide all new casual employees with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscope. (n) A casual employee’s right to request to convert is not affected if Healthscope fails to comply with the notice requirements as required in this clause.

Appears in 1 contract

Samples: Enterprise Agreement

Right to request casual conversion. (a) For 19.5.1 A person engaged by the purposes of this clause, Employer and who can be properly determined to be a regular casual employee’ employee may request that their employment be converted to full-time or part-time employment. 19.5.2 A regular casual employee is a casual employee who has in the preceding period of twelve (12) 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this Agreement. (b) 19.5.3 A regular casual employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 12 months’ casual employment may request to have their employment converted to full-time employment. (c) 19.5.4 A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (d) 19.5.5 Any request under this subclause clause must be in writing and provided to Healthscope in writingthe Company. (e) 19.5.6 Where a regular casual employee requests seeks to convert to full-time or part- part-time employment, Healthscope the Company may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. 19.5.7 Reasonable grounds for refusal include that: (fa) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this Agreement – that is, the casual employee is not truly a regular casual employee as defined in clause 19.5.2 of this Agreement; (b) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; (c) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or (d) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. 19.5.8 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 19.5.9 Where Healthscope the Company refuses a regular casual employee’s request to convert, it the Company must provide the casual employee with the Company’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the employee does not accept the Company’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 35 of this Agreement. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (h) 19.5.10 Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope the Company and the employee must discuss and record in writing: (ia) the form of employment to which the employee will convert – that is, full-time or part-time employment;; and (iib) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) 20 of this Agreement; and. (iii) the date the 19.5.11 The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (i) 19.5.12 Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of Healthscopethe Company. (j) 19.5.13 A casual employee must not be engaged and re-engaged (which includes a refusal to re-re- engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (k) 19.5.14 Nothing in this clause obliges a regular casual employee to convert to full- full-time or part-time employment, nor permits Healthscope the Company to require a regular casual employee to so convert. (l) 19.5.15 Nothing in this clause requires Healthscope the Company to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. (m) Healthscope will 19.5.16 The Company must provide all new a casual employee, whether a regular casual employee or not, with a copy of the provisions of this clause within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018, the Employer must provide such employees with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscopeby 1 January 2019. (n) 19.5.17 A casual employee’s right to request to convert is not affected if Healthscope the Company fails to comply with the notice requirements as required in clause 19.5.16 of this clauseAgreement.

Appears in 1 contract

Samples: Victorian Prisoner Transport Services Enterprise Agreement

Right to request casual conversion. (a) For 3.4.9.1 A person engaged by the purposes of this clause, Company as a regular casual employee’ Employee may request that their employment be converted to full-time or part-time employment. 3.4.9.2 A regular casual Employee is a casual employee Employee who has in the preceding period of twelve (12) 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee Employee could continue to perform as a full-time employee Employee or part-time employee Employee under the provisions of this Agreement. (b) 3.4.9.3 A regular casual employee Employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 12 months’ casual employment may request to have their employment converted to full-time employment. (c) 3.4.9.4 A regular casual employee Employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (d) 3.4.9.5 Any request under this subclause paragraph must be in writing and provided to Healthscope in writingthe Company. (e) 3.4.9.6 Where a regular casual employee requests Employee seeks to convert to full-time or part- part-time employment, Healthscope the Company may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employeeEmployee. (f) 3.4.9.7 Reasonable grounds for refusal include that: 3.4.9.7.1 it would require a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-time or part-time Employee in accordance with the provisions of this award – that is, the casual Employee is not truly a regular casual Employee as defined in paragraph 3.4.9.2; 3.4.9.7.2 it is known or reasonably foreseeable that the regular casual Employee’s position will cease to exist within the next 12 months; 3.4.9.7.3 it is known or reasonably foreseeable that the hours of work which the regular casual Employee is required to perform will be significantly reduced in the next 12 months; or 3.4.9.7.4 it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the Employee is available to work. 3.4.9.8 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 3.4.9.9 Where Healthscope the Company refuses a regular casual employeeEmployee’s request to convert, it the Company must provide the casual employee Employee with the Company’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the Employee does not accept the Company’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure outlined in paragraph 3.10. Under that procedure, the Employee or the Company may refer the matter to the FWC if the dispute cannot be resolved at the workplace level. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (h) 3.4.9.10 Where it is agreed that a casual employee Employee will have their employment converted to full-time or part-time employment as provided for in this clauseparagraph, Healthscope the Company and the employee Employee must discuss and record in writing: (i) 3.4.9.10.1 the form of employment to which the employee Employee will convert – that is, full-time or part-time employment;; and (ii) 3.4.9.10.2 if it is agreed that the employee Employee will become a part-time employeeEmployee, the matters referred to in clause 14.3(c) of this Agreement; andparagraph 3.3.3. (iii) the date the 3.4.9.11 The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (i) 3.4.9.12 Once a casual employee Employee has converted to full-time or part-time employment, the employee Employee may only revert to casual employment with the written agreement of Healthscopethe Company. (j) 3.4.9.13 A casual employee Employee must not be engaged and re-engaged (which includes a refusal to re-re- engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clauseparagraph. (k) 3.4.9.14 Nothing in this clause paragraph obliges a regular casual employee Employee to convert to full- full-time or part-part- time employment, nor permits Healthscope the Company to require a regular casual employee Employee to so convert. (l) 3.4.9.15 Nothing in this clause paragraph requires Healthscope the Company to increase the hours of a regular casual employee Employee seeking conversion to full-time or part-time employment. (m) Healthscope will 3.4.9.16 The Company must provide all new a casual employees Employee, whether a regular casual Employee or not, with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) paragraph within the first twelve (12) 12 months of the employeeEmployee’s first engagement with Healthscopeto perform work. (n) 3.4.9.17 A casual employeeEmployee’s right to request to convert casual conversion is not affected if Healthscope fails by any failure of the Company to comply with the notice requirements as required in this clauseclause 3.4.9.16.

Appears in 1 contract

Samples: Enterprise Agreement

Right to request casual conversion. (ai) For the purposes of this clause, A person engaged as a regular casual employee’ employee may request that their employment be converted to full-time or part-time employment. (ii) A regular casual employee is a casual employee who has in the preceding period of twelve (12) 6 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this Agreementaward. (biii) A regular casual employee who has worked an average of thirty eight (38) or more ordinary equivalent full- time hours a week in over the preceding twelve (12) months period of 6 months’casual employment may request to have their employment converted to full-time employment. (civ) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) months’ casual 6 months’casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (dv) Any request under this subclause clause 3.2 (d) must be in writing and provided to Healthscope in writingthe employer. (evi) Where a regular casual employee requests seeks to convert to full-time or part- part-time employment, Healthscope the employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. (fvii) Where Healthscope refuses Reasonable grounds for refusal include that: (i) It would require a regular significant adjustment to the casual employee’s request hours of work in order for the employee to convert, it must provide the casual employee with the reasons for refusal in writing within twenty-one (21) days of the request being made. (g) A regular casual employee who is eligible to make be engaged as a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (h) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for employee in accordance with the provisions of this clause, Healthscope and the employee must discuss and record in writing: (i) the form of employment to which the employee will convert – award –that is, full-time or part-time employment;the casual employee is not truly a regular casual employee as defined in clause 3.2 (d) (ii). (ii) if it is agreed known or reasonably foreseeable that the employee regular casual employee’s position will become a part-time employee, cease to exist within the matters referred to in clause 14.3(c) of this Agreement; andnext 12 months; (iii) it is known or reasonably foreseeable that the date hours of work which the conversion will take effect (which will be the start of the next pay cycle following such agreement being reached, unless otherwise agreed) (i) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of Healthscope. (j) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (k) Nothing in this clause obliges a regular casual employee is required to convert to full- time or part-time employment, nor permits Healthscope to require a regular casual employee to so convert.perform will be significantly reduced in the next 12 months; or (liv) Nothing it is known or reasonably foreseeable that there will be a significant change in this clause requires Healthscope to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. (m) Healthscope will provide all new casual employees with a copy of the provisions of this clause (days and/or times at which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscopehours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. (n) A casual employee’s right to request to convert is not affected if Healthscope fails to comply with the notice requirements as required in this clause.

Appears in 1 contract

Samples: Enterprise Agreement

Right to request casual conversion. (a) For the purposes of this clause, 5.5.1 An employee engaged as a regular casual employee’ employee may request that their employment be converted to full-time or part-time employment. 5.5.2 A regular casual employee is a casual employee who has in the preceding period of twelve (12) 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this Agreementagreement. (b) 5.5.3 A regular casual employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) period of 12 months casual employment may request to have their employment converted to full-time employment. (c) 5.5.4 A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) months’ 12 months ‘casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (d) 5.5.5 Any request under this subclause must be in writing and provided to Healthscope in writingthe employer. (e) 5.5.6 Where a regular casual employee requests seeks to convert to full-time or part- part-time employment, Healthscope the employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee. 5.5.7 Reasonable grounds for refusal include that: (fa) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this agreement–that is, the casual employee is not truly a regular casual employee as defined in subclause 5.5.2; (b) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; (c) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months; or (d) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work. 5.5.8 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 5.5.9 Where Healthscope the employer refuses a regular casual employee’s request to convert, it the employer must provide the casual employee with the employer’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure of this agreement. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (h) 5.5.10 Where it is agreed that a casual employee will have their employment converted to full-full- time or part-time employment as provided for in this clause, Healthscope the employer and the employee must discuss and record in writing: (ia) the form of employment to which the employee will convert that is, full-time or part-part- time employment;; and (iib) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) of this Agreement; and5.2. (iii) the date the 5.5.11 The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (i) 5.5.12 Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of Healthscopethe employer. (j) 5.5.13 A casual employee must not be engaged and re-engaged (which includes a refusal to re-re- engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (k) 5.5.14 Nothing in this clause obliges a regular casual employee to convert to full- full-time or part-part- time employment, nor permits Healthscope an employer to require a regular casual employee to so convert. (l) 5.5.15 Nothing in this clause requires Healthscope an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. (m) Healthscope will 5.5.16 An employer must provide all new a casual employees employee, whether a regular casual employee or not, with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) subclause within the first twelve (12) 12 months of the employee’s first engagement with Healthscopeto perform work. (n) 5.5.17 A casual employee’s right to request to convert is not affected if Healthscope the employer fails to comply with the notice requirements as required in this clausesubclause 5.5.16.

Appears in 1 contract

Samples: National Enterprise Agreement

Right to request casual conversion. (a) For the purposes of this clause, a ‘a. A regular casual employee’ Employee may request that their employment be converted to full-time or part-time employment. b. A regular casual Employee is a casual employee Employee who has in the preceding period of twelve (12) 12 months worked a pattern of ordinary hours on an ongoing basis which, without significant adjustment, the employee Employee could continue to perform as a full-time employee Employee or part-time employee Employee under the provisions of this Agreement. (b) c. A regular casual employee Employee who has worked an average of thirty eight (38) or more ordinary equivalent full-time hours a week in over the preceding twelve (12) months period of 12 months’ casual employment may request to have their employment converted to full-time employment. (c) d. A regular casual employee Employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 12 months’ casual employment may request to have their employment converted to part- part-time employment consistent with the pattern of hours previously worked. (d) e. Any request under this subclause clause must be in writing and provided to Healthscope in writingVFST. (e) f. Where a regular casual employee requests Employee seeks to convert to full-time or part- part-time employment, Healthscope VFST may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employeeEmployee. g. Reasonable grounds for refusal include that: i. it would require a significant adjustment to the casual Employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award –that is, the casual employee is not truly a regular casual employee as defined in paragraph (fb) above; or ii. it is known or reasonably foreseeable that the regular casual Employee’s position will cease to exist within the next 12 months; or iii. it is known or reasonably foreseeable that the hours of work which the regular casual Employee is required to perform will be significantly reduced in the next 12 months; or iv. it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the Employee is available to work. h. For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. i. Where Healthscope VFST refuses a regular casual employeeEmployee’s request to convert, it VFST must provide the casual employee Employee with the VFST’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the Employee does not accept VFST’s refusal, this will constitute a dispute that will be dealt with under the Dispute Resolution process in clause 14. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (h) j. Where it is agreed that a casual employee Employee will have their employment converted to full-time or part-time employment as provided for in this clause, Healthscope VFST and the employee Employee must discuss and record in writing: (i) i. the form of employment to which the employee will convert - that is, full-time or part-time employment;; and (ii) . if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) of this Agreement; and17.3. (iii) the date the k. The conversion will take effect (which will be from the start of the next pay cycle following such agreement being reached, reached unless otherwise agreed). (i) l. Once a casual employee Employee has converted to full-time or part-time employment, the employee Employee may only revert to casual employment with the written agreement of HealthscopeVFST. (j) m. A casual employee Employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under this clause. (k) n. Nothing in this clause obliges a regular casual employee Employee to convert to full- time or part-time employment, nor permits Healthscope VFST to require a regular casual employee Employee to so convert. (l) Nothing in this clause requires Healthscope to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment. (m) Healthscope will provide all new casual employees with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscope. (n) A casual employee’s right to request to convert is not affected if Healthscope fails to comply with the notice requirements as required in this clause.

Appears in 1 contract

Samples: Enterprise Agreement

Right to request casual conversion. (a) For A person engaged by the purposes of this clause, a ‘regular casual employee’ is Employer as a casual employee who has in the preceding Employee, other than an irregular casual Employee, after a sequence of periods of employment during a period of twelve (12) 9 months worked a pattern of ordinary hours on an may request that their employment be converted to ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-part- time employee under the provisions of this Agreementemployment. (b) An irregular casual Employee is one who has been engaged to perform work on an occasional, non-systematic or irregular basis. (c) A regular casual employee Employee who has worked an average of thirty eight (38) 38 or more ordinary hours a week in the preceding twelve (12) months may request to have their employment converted to full-time employment. (c) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of twelve (12) 9 months’ casual employment may request to have their employment converted to part- ongoing full-time employment. (d) A casual Employee who has worked at the rate of an average of less than 38 hours a week in the period of 9 months’ casual employment may request to have their employment converted to ongoing part-time employment consistent with the pattern of hours previously workedworked during that period. (de) Any request under this subclause clause must be in writing and provided to Healthscope in writingthe Employer. (ef) Where a regular casual employee requests Employee seeks to convert to ongoing full-time or part- part-time employment, Healthscope the Employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employeeEmployee. (fg) Reasonable grounds for refusal include that: (A) it would require a significant adjustment to the casual Employee’s hours of work in order for the Employee to be engaged as a full-timeor part- time Employee in accordance with the provisions of this agreement; – (B) it is known or reasonably foreseeable that the casual Employee’s position will cease to exist within the next 6 months; (C) it is known or reasonably foreseeable that the hours of work which the casual Employee is required to perform will be significantly reduced in the reasonably foreseeable future to less than 38 hours per week (for a full-time Employee) or less than the average hours worked over the preceding six months as a casual Employee; (D) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the Employee’s hours of work are required to be performed in the reasonably foreseeable future which cannot be accommodated within the days and/or hours during which the Employee is available to work; or (E) the Employee is an irregular casual. (h) Where Healthscope the Employer refuses a regular casual employeeEmployee’s request to convertconvert (other than where the Employee is an irregular casual), it the Employer must provide the casual employee Employee with the Employer’s reasons for refusal in writing within twenty-one (21) 21 days of the request being made. If the Employee does not accept the Employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure of this agreement. (g) A regular casual employee who is eligible to make a request to convert to permanent employment under this clause may only make a request for conversion once every six (6) months. (hi) Where it is agreed that a casual employee Employee will have their employment converted to full-full- time or part-time employment as provided for in this clause, Healthscope the Employer and the employee Employee must discuss and record in writing: (ij) The date from which the conversion will take effect is the commencement of the next pay cycle following such agreement being reached unless otherwise agreed. (A) the form of employment to which the employee Employee will convert – that is, ongoing full-time or part-time employment; (ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 14.3(c) of this Agreement; and (iii) the date the conversion will take effect (which will be the start of the next pay cycle following such agreement being reached, unless otherwise agreed) (ik) Once a casual employee Employee has converted to full-time or part-time employment, the employee Employee may only revert to casual employment with the written agreement of Healthscopethe Employer. (jl) A casual employee Employee must not be engaged and and/or re-engaged (which includes a refusal to re-engage), or have their theirtheir hours reduced or varied, in order to avoid any right or obligation under this clause. (km) Nothing in this clause obliges a regular casual employee Employee to convert to full- full-time or part-time employment, nor permits Healthscope an Employer to require a regular casual employee Employee to so convert. (ln) Nothing in this clause requires Healthscope an Employer to increase the hours of a regular casual employee Employee seeking conversion to full-time or part-time employment. (m) Healthscope will provide all new casual employees with a copy of the provisions of this clause (which can include giving the employee a copy of this Agreement or providing them with a link to an electronic copy of this Agreement) within the first twelve (12) months of the employee’s engagement with Healthscope. (n) A casual employee’s right to request to convert is not affected if Healthscope fails to comply with the notice requirements as required in this clause.

Appears in 1 contract

Samples: Disability Services Enterprise Agreement

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