CONVERSION TO PERMANENCY OR PERMANENT HOURS. 40.1 This clause will be read in conjunction with the relevant Award clauses related to part- time, casual and temporary employment. Specifically, where an employee makes written request to: (a) have their additional hours worked added to their substantive hours, in the case of part- time employees; or (b) convert from casual employment to permanent part-time or full-time employment; or (c) convert from temporary fixed term employment to permanent part-time or full-time employment. 40.2 Continuous employment for the purposes of converting from temporary fixed term employment includes: (a) periods of employment that may include employment on a casual basis; (b) approved paid or unpaid leave; and/or (c) employment without a break of no more than 3 months in duration, excluding paid or unpaid leave, which in total would equate to at least 12 months employment. 40.3 This clause does not extinguish the employer’s obligation to notify the employee in writing that they are eligible to permanent hours or permanent employment, in accordance with their relevant Award. 40.4 Where there is no relevant Award dealing with this issue, the South Australian Government Health Etc. Ancillary Employees Award will apply. 40.5 Upon receiving a written request from an employee pursuant to clause 40.1, the employer must, within 3 weeks of receiving such notice, indicate in writing whether an increase in the employee’s substantive hours of work or request for permanent conversion, is or is not, agreed to. Where an increase is not agreed to, the employer must provide written reasons in the correspondence. 40.6 If the employer fails to respond within 3 weeks of the employee’s written request, then the employee must make a further written request to the Agency Chief Executive, attaching their original request. Should the Agency not respond within 3 weeks of the date of receipt of the second request, it will result in: (a) in the case of permanent part-time employees, the additional hours requested by the employee in accordance with the relevant Award will automatically be added to their substantive hours; or (b) in the case of casual employees or employees engaged on temporary fixed term contracts, their employment automatically being converted to either permanent part-time or full-time employment (as per the employee’s written request) in accordance with the relevant Award.
Appears in 2 contracts
Sources: Enterprise Agreement, Enterprise Agreement
CONVERSION TO PERMANENCY OR PERMANENT HOURS. 40.1 This clause will be read in conjunction with the relevant Award clauses related to part- time, casual and temporary employment. Specifically, where an employee makes written request to:
(a) have their additional hours worked added to their substantive hours, in the case of part- time employees; or
(b) convert from casual employment to permanent part-time or full-time employment; or
(c) convert from temporary fixed term employment to permanent part-time or full-time employment.
40.2 Continuous employment for the purposes of converting from temporary fixed term employment includes:
(a) periods of employment that may include employment on a casual basis;
(b) approved paid or unpaid leave; and/or
(c) employment without a break of no more than 3 months in duration, excluding paid or unpaid leave, which in total would equate to at least 12 months employment.
40.3 This clause does not extinguish the employer’s obligation to notify the employee in writing that they are eligible to permanent hours or permanent employment, in accordance with their relevant Award.
40.4 Where there is no relevant Award dealing with this issue, the South Australian Government Health Etc. Ancillary Employees Award will apply.
40.5 Upon receiving a written request from an employee pursuant to clause 40.1, the employer must, within 3 weeks of receiving such notice, indicate in writing whether an increase in the employee’s substantive hours of work or request for permanent conversion, is or is not, agreed to. Where an increase is not agreed to, the employer must provide written reasons in the correspondence.
40.6 If the employer fails to respond within 3 weeks of the employee’s written request, then the employee must make a further written request to the Agency Chief Executive, attaching their original request. Should the Agency not respond within 3 weeks of the date of receipt of the second request, it will result in:
(a) in the case of permanent part-time employees, the additional hours requested by the employee in accordance with the relevant Award will automatically be added to their substantive hours; or
(b) in the case of casual employees or employees engaged on temporary fixed term contracts, their employment automatically being converted to either permanent part-time or full-time employment (as per the employee’s written request) in accordance with the relevant Award. 41. STAFF SHORTAGES, VACANCIES AND ALLOCATING ADDITIONAL HOURS Process
41.1 The parties are committed to establishing a fair and equitable system for addressing staff shortages, vacancies and the allocation of additional hours.
41.2 To ensure that employees are not subjected to unreasonable workloads, the Employer agrees to fill permanent vacancies, unless such vacancy is subject to discussions under Appendix 1, replace employees on planned absences and use its best endeavours to fill all unplanned absences in the process set out in this clause.
41.3 The Employer will endeavour to maximise the use of permanent employees to replace staff on planned and unplanned absences.
41.4 The Employer agrees to engage agency/labour hire employees as a last resort as set out in clauses 15.4 and 41.7(e).
41.5 The Employer, Departments, Agencies, Units or Worksites will keep an up to date record of permanent and temporary part-time and casual employees’ availability and intention to work additional hours.
41.6 For the purposes of this clause, in DCSI site will be considered all weekly paid employees employed by the Agency. Planned and unplanned absences or vacancies of less than three months in duration
41.7 The following process will be adopted for addressing unplanned vacancies or planned absences or vacancies of less than three months in duration:
(a) All permanent part-time employees will be asked to indicate their availability to work additional hours/shifts as required. These lists will be maintained at each worksite.
(b) Staff shortages will be first addressed by offering additional hours to permanent part-time employees in the worksite or workgroup where the shortage occurs. Offers will be made on a rotating basis, and in line with the indications of availability referred to in 41.7(a).
(c) Should the permanent part-time employees in the worksite or workgroup be unavailable to cover the required hours, casual and temporary employees will be offered additional hours to cover the shortage.
(d) If required, staff from other workgroups may be offered the opportunity to work additional hours, starting with permanent part-time employees.
(e) Where all other options have been exhausted in clauses 41.7(a) to 41.7 (d), overtime will be offered to permanent employees or agency labour/labour hire employees will be engaged for absences as per clause 15.4. Absences or vacancies of between three to twelve months
41.8 The following process will be adopted for addressing absences or vacancies of between three to twelve months in duration:
(a) An absence will be filled with a temporary fixed term contract.
(b) A merit based selection process is undertaken by EOI at the worksite to fill the absence or vacancy.
(c) If the absence or vacancy is unable to be filled internally at the site level, the position will be advertised in line with normal public sector protocols, i.
Appears in 1 contract
Sources: Wages Parity Enterprise Agreement