Common use of Right to Revert Clause in Contracts

Right to Revert. (i) A Health Worker who has returned on a part time or modified basis in accordance with sub-clause 33.32(d) may subsequently request the Employer to permit the Health Worker to resume working on the same basis as the Health Worker worked immediately before starting parental leave or full time work at the same classification level. (ii) The Employer is to agree to a request to revert made under paragraph 33.32(e)(i) unless there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of operations or business of the Employer and those grounds would satisfy a reasonable person. (iii) An Employer is to give the Health Worker written notice of the Employer’s decision on a request to revert under paragraph 33.32(e)(i). If the request is refused, the notice is to set out the reasons for the refusal. (iv) A Health Worker who believes their request to revert under paragraph 33.32(e)(i) has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus w ill be on the Employer to demonstrate that the refusal w as justified in the circumstances. (a) A Health Worker employed for a fixed term contract shall have the same entitlement to parental leave and partner leave, how ever the period of leave granted shall not extend beyond the term of that contract. (i) Absence on unpaid parental leave or unpaid partner leave shall not break the continuity of service of Health Workers. (ii) Where a Health Worker takes a period of unpaid parental leave or unpaid partner leave exceeding 14 calendar days in one continuous period, the entire period of such leave shall not be taken into account in calculating the period of service for any purpose under this Agreement. Periods of unpaid leave of 14 days or less shall, however, count for service. (c) A Health Worker on parental leave or partner leave may terminate employment at any time during the period of leave by written notice in accordance with “Clause 11 – Contract of Service” of this Agreement. (d) An Employer shall not terminate the employment of a Health Worker on the grounds of the Health Worker’s application for parental leave or partner leave or absence on parental leave or partner leave but otherwise the rights of the Employer in respect of termination of employment are not affected. (a) To avoid doubt, an eligible casual Health Worker has no entitlement to paid leave under this clause with the exception of the entitlement to paid leave as provided under sub-clauses 33.24 to 33.28. (b) Nothing in this clause confers a change in the employment status of a casual Health Worker. (c) Service performed by an eligible casual Health Worker for a public sector Employer shall count as service for the purposes of determining 12 months continuous service as per sub- clause 33.3(b)(iii) where: (i) the eligible casual Health Worker has become a permanent or fixed term contract Health Worker with the same Employer; and (ii) the break between the period of eligible casual employment and permanent or fixed term contract employment is no more than three months.

Right to Revert. (i) A Health Worker An employee who has returned on a part time or modified basis in accordance with sub-subclause (32)(d) of this clause 33.32(d) may subsequently request the Employer to permit the Health Worker employee to resume working on the same basis as the Health Worker employee worked immediately before starting parental leave or full time work at the same classification level. (ii) The Employer is to agree to a request to revert made under paragraph 33.32(e)(isubclause (32)(e)(i) of this clause unless there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of operations or business of the Employer and those grounds would satisfy a reasonable person. (iii) An Employer is to give the Health Worker employee written notice of the Employer’s decision on a request to revert under paragraph 33.32(e)(i)subclause (32)(e)(i) of this clause. If the request is refused, the notice is to set out the reasons for the refusal. (iv) A Health Worker An employee who believes their request to revert under paragraph 33.32(e)(isubclause (32)(e)(i) of this clause has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus w ill be on the Employer to demonstrate that the refusal w as justified in the circumstances.. Effect of Parental Leave and Partner Leave on the Contract of Employment (a) A Health Worker An employee employed for a fixed term contract shall have the same entitlement to parental leave and partner leave, how ever the period of leave granted shall not extend beyond the term of that contract. (i) Absence on unpaid parental leave or unpaid partner leave shall not break the continuity of service of Health Workersemployees. (ii) Where a Health Worker an employee takes a period of unpaid parental leave or unpaid partner leave exceeding 14 calendar days in one continuous period, the entire period of such leave shall not be taken into account in calculating the period of service for any purpose under this Agreement. Periods of unpaid leave of 14 days or less shall, however, count for service. (c) A Health Worker An employee on parental leave or partner leave may terminate employment at any time during the period of leave by written notice in accordance with “Clause 11 10 – Contract of Service” Employment of this Agreement. (d) An Employer shall not terminate the employment of a Health Worker an employee on the grounds of the Health Workeremployee’s application for parental leave or partner leave or absence on parental leave or partner leave but otherwise the rights of the Employer in respect of termination of employment are not affected.. Casual Employees (a) To avoid doubt, an eligible casual Health Worker employee has no entitlement to paid leave under this clause with the exception of the entitlement to paid leave as provided under sub-clauses 33.24 subclauses (24) to 33.28(28) of this clause. (b) Nothing in this clause confers a change in the employment status of a casual Health Workeremployee. (c) Service performed by an eligible casual Health Worker employee for a public sector Employer shall count as service for the purposes of determining 12 months continuous service as per sub- clause 33.3(b)(iii) where: subclause (i) the eligible casual Health Worker has become a permanent or fixed term contract Health Worker with the same Employer; and (ii) the break between the period of eligible casual employment and permanent or fixed term contract employment is no more than three months.3)(b)

Right to Revert. (i) A Health Worker An employee who has returned on a part time or modified basis in accordance with sub-subclause (32)(d) of this clause 33.32(d) may subsequently request the Employer to permit the Health Worker employee to resume working on the same basis as the Health Worker employee worked immediately before starting parental leave or full time work at the same classification level. (ii) The Employer is to agree to a request to revert made under paragraph 33.32(e)(isubclause (32)(e)(i) of this clause unless there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of operations or business of the Employer and those grounds would satisfy a reasonable person. (iii) An Employer is to give the Health Worker employee written notice of the Employer’s decision on a request to revert under paragraph 33.32(e)(i)subclause (32)(e)(i) of this clause. If the request is refused, the notice is to set out the reasons for the refusal. (iv) A Health Worker An employee who believes their request to revert under paragraph 33.32(e)(isubclause (32)(e)(i) of this clause has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus w ill will be on the Employer to demonstrate that the refusal w as was justified in the circumstances.. Effect of Parental Leave and Partner Leave on the Contract of Employment (a) A Health Worker An employee employed for a fixed term contract shall have the same entitlement to parental leave and partner leave, how ever however the period of leave granted shall not extend beyond the term of that contract. (i) Absence on unpaid parental leave or unpaid partner leave shall not break the continuity of service of Health Workersemployees. (ii) Where a Health Worker an employee takes a period of unpaid parental leave or unpaid partner leave exceeding 14 calendar days in one continuous period, the entire period of such leave shall not be taken into account in calculating the period of service for any purpose under this Agreement. Periods of unpaid leave of 14 days or less shall, however, count for service. (c) A Health Worker An employee on parental leave or partner leave may terminate employment at any time during the period of leave by written notice in accordance with “Clause 11 10 – Contract of Service” Employment of this Agreement. (d) An Employer shall not terminate the employment of a Health Worker an employee on the grounds of the Health Workeremployee’s application for parental leave or partner leave or absence on parental leave or partner leave but otherwise the rights of the Employer in respect of termination of employment are not affected.. Casual Employees (a) To avoid doubt, an eligible casual Health Worker employee has no entitlement to paid leave under this clause with the exception of the entitlement to paid leave as provided under sub-clauses 33.24 subclauses (24) to 33.28(28) of this clause. (b) Nothing in this clause confers a change in the employment status of a casual Health Workeremployee. (c) Service performed by an eligible casual Health Worker employee for a public sector Employer shall count as service for the purposes of determining 12 months continuous service as per sub- clause 33.3(b)(iii) where: subclause (i) the eligible casual Health Worker has become a permanent or fixed term contract Health Worker with the same Employer; and (ii) the break between the period of eligible casual employment and permanent or fixed term contract employment is no more than three months.3)(b)

Right to Revert. (i) A Health Worker An employee who has returned on a part time or modified basis in accordance with sub-clause 33.32(d39.32(d) may subsequently request the Employer employer to permit the Health Worker employee to resume working on the same basis as the Health Worker employee worked immediately before starting parental leave or full time work at the same classification level. (ii) The Employer employer is to agree to a request to revert made under paragraph 33.32(e)(isubclause 39.32(e)(i) unless there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of operations or business of the Employer employer and those grounds would satisfy a reasonable person. (iii) An Employer employer is to give the Health Worker employee written notice of the Employeremployer’s decision on a request to revert under paragraph 33.32(e)(isubclause 39.32(e)(i). If the request is refused, the notice is to set out the reasons for the refusal. (iv) A Health Worker An employee who believes their request to revert under paragraph 33.32(e)(isubclause 39.32(e)(i) has been unreasonably refused may seek to enforce it as a minimum condition of employment and the onus w ill be on the Employer employer to demonstrate that the refusal w as justified in the circumstances.. Effect of Parental Leave and Partner Leave on the Contract of Employment (a) A Health Worker An employee employed for a fixed term contract shall have the same entitlement to parental leave and partner leave, how ever the period of leave granted shall not extend beyond the term of that contract. (i) Absence on unpaid parental leave or unpaid partner leave shall not break the continuity of service of Health Workersemployees. (ii) Where a Health Worker an employee takes a period of unpaid parental leave or unpaid partner leave exceeding 14 calendar days in one continuous period, the entire period of such leave shall not be taken into account in calculating the period of service for any purpose under this Agreement. Periods of unpaid leave of 14 days or less shall, however, count for service. (c) A Health Worker An employee on parental leave or partner leave may terminate employment at any time during the period of leave by written notice in accordance with “Clause 11 – Contract of Service” subclause 11.14 of this Agreement. (d) An Employer employer shall not terminate the employment of a Health Worker an employee on the grounds of the Health Workeremployee’s application for parental leave or partner leave or absence on parental leave or partner leave but otherwise the rights of the Employer employer in respect of termination of employment are not affected.. Casual Employees (a) To avoid doubt, an eligible casual Health Worker employee has no entitlement to paid leave under this clause with the exception of the entitlement to paid leave as provided under sub-clauses 33.24 subclauses 39.24 to 33.2839.28. (b) Nothing in this clause confers a change in the employment status of a casual Health Worker.employee.‌ (c) Service performed by an eligible casual Health Worker employee for a public sector Employer employer shall count as service for the purposes of determining 12 months continuous service as per sub- clause 33.3(b)(iiisubclause 39.3(b)(iii) where: (i) the eligible casual Health Worker employee has become a permanent or fixed term contract Health Worker employee with the same Employeremployer; and (ii) the break between the period of eligible casual employment and permanent or fixed term contract employment is no more than three months.