Casual employment

Casual employment

12. CASUAL EMPLOYMENT

12.1 Casual employment means employment of a Staff Member who is paid and engaged by the hour on an hourly rate of pay. The work required to be done is generally ad hoc, intermittent, unpredictable or involves hours that are irregular. Casual employment may be terminated at 1 hours’ notice.

11.2 The parties to this Agreement recognise that casual employment may legitimately be used by the University to address fluctuations in the academic and business cycle of the University. Beyond this requirement for flexibility, the University does not intend to use casual employment to fill positions that could reasonably be filled on a continuing or fixed-term basis.

12.2   Casual employment should be on the basis of merit and be transparent, competitive and consistent with University policy.

Casual Rates of Pay

12.3   A Staff Member employed on a casual basis will be paid the applicable casual hourly salary rate provided for in Schedule 2, Casual Hourly Rates of Pay. The hourly rate includes a loading of 25%. This loading is paid in compensation for the casual nature of the appointment and all forms of leave (excluding long service leave), redundancy and any other relevant entitlements.

12.4   A casual Staff Member will not have any expectation of continuing employment.

Casual Employment – Conversion Arrangements

12.5   A casual Staff Member may apply for conversion to continuing or fixed‑term employment, as appropriate, if the Staff Member has been employed by the University on a regular and systematic basis in the same or a similar and identically classified position in the same work unit and either:

(a)   the employment was during the immediately preceding period of 12-months and in those immediately preceding 12-months the average weekly hours worked equalled at least 50% of the ordinary weekly hours of a full-time Staff Member; or

(b)   worked on a regular and systematic basis in the same work unit over the immediately preceding 24 months.

12.6   For the purposes of this clause casual work performed by the Staff Member in another classification, job or work unit will not:

(a)   affect the Staff Member’s eligibility for conversion; nor

(b)   be included in determining whether the Staff Member meets eligibility requirements.

12.7   On appointment the University will advise a casual Staff Member that, after serving qualifying periods in sub-clause 12.5, they may have a right to apply for conversion. Reasonable steps will be taken from time to time to inform casual Staff Members of this conversion provision.

12.8   The University will not unreasonably refuse an application for conversion. Reasonable grounds for refusal include but are not limited to the following:

(a)   the Staff Member is a student, or has recently been a student, other than where their status as a student is irrelevant to their engagement and the work required;

(b)   the Staff Member is a genuine retiree;

(c)  the Staff Member is performing work which will either cease to be required or will be performed by a non‑casual Staff Member, within 26 weeks from the date on which the application of conversion is made;

(d)   the Staff Member has a primary occupation with the University or elsewhere, either as a Staff Member or as a self‑employed person;

(e)   the Staff Member does not meet the essential requirements of the position;

(f)  the work subject to the application for conversion is ad hoc, intermittent, unpredictable or involves hours that are irregular; or

(g)   the Staff Member has not been subject to a competitive selection process.

12.9   While the University will consider applications for conversion from casual to fixed-term or continuing employment, approval will be at the discretion of the University. If the application is rejected, the University will provide written reasons for rejecting it.

12.10  Conversion may be to either a continuing appointment or to a fixed‑term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the University’s operational requirements and the desirability of offering the Staff Member work which is as regular and continuous as is reasonably practicable, will be consistent with the Staff Member’s casual engagement.

12.11  A Staff Member whose application for conversion is rejected will not be entitled to apply again within 12-months except where:

(a)   that rejection is solely based upon the ground set out in sub-clause 12.8(c) above; and

(b)   that ground ceased to apply.

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