Common use of Pathways to permanency Clause in Contracts

Pathways to permanency. The Department and the APS will comply with the casual conversion provision(s) of the FW Act. In addition, the Department recognises that a proactive approach, including regularly reviewing casual and non-ongoing arrangements, is both a fair and efficient approach to supporting ongoing employment as the usual form of employment. Casual (irregular or intermittent) employment A casual (irregular or intermittent) employee is defined in the definitions section at clause 16. A decision to expand the use of casual employees is subject to Section 10: Consultation, representation and dispute resolution of this Agreement. The Department will regularly review the working arrangements of casual employees to assess if they are genuinely performing irregular or intermittent duties, and report de-identified outcomes to the Workplace Consultative Forum. Remuneration for casual employees is on an hourly basis. A casual employee will receive a 25 per cent loading on the base hourly rate of their classification as set out in this Agreement. The casual loading is paid in lieu of payment for public holidays not worked, notice of termination of employment, redundancy benefits and all paid leave entitlements, other than leave required by legislation including long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976 and leave for family and domestic violence support. A casual employee will be engaged for a minimum of 3 hours per engagement or shall be paid for a minimum of 3 hours at the appropriate casual rate. A casual employee who is eligible for a workplace responsibility allowance will be paid the full amount. Non-ongoing employment A non-ongoing employee is defined in the definitions section at clause 16. Non-ongoing employees will generally have the same terms and conditions of employment as ongoing employees under this Agreement’s terms, except: personal/▇▇▇▇▇’s leave accrual at clauses 224 to 226; and redundancy provisions at clauses 469 to 508, subject to clause 101. If the non-ongoing employee’s contract is not permitted by section 333E of the FW Act, then the redundancy provisions at clauses 469 to 508 will apply. If the redundancy provisions apply to an employee under clause 101, the Department must adhere to the consultation requirements at Section 10: Consultation, representation and dispute resolution at clauses 473 to 478. Working hours The ordinary hours for a full time employee are 7 hours and 30 minutes per day, a total of 37 hours and 30 minutes per week and 150 hours per four week settlement period. The ordinary hours for a part-time employee are as set out in their part-time work agreement. The span of hours during which an employee (other than a shiftworker) can perform their ordinary hours is 7.00am to 7.00pm Monday to Friday (bandwidth). With the exception of shiftworkers, no employee can be compelled to work ordinary hours outside the Bandwidth. Standard hours for employees, other than shiftworkers, are 8.30am to 12.30pm and 1.30pm to 5.00pm. An employee and their manager may agree to a pattern of ordinary hours to vary standard hours (Regular hours). The Secretary can direct an employee to work standard hours if the employee fails to maintain a satisfactory pattern of attendance. All employees are required to take an unpaid break for at least 30 minutes after five hours of continuous work. All employees must record and retain an accurate record of their working hours. Unless there are exceptional circumstances, employees will not be expected to work more than 10 hours in any one day. An employee may refuse to work additional hours where such additional hours are considered to be unreasonable. Flex for APS 1-6 Classifications Employees up to and including APS 1 – 6 and equivalent classifications may access flextime. The maximum flex credit that an employee can carry from one settlement period to another is 37 hours and 30 minutes unless otherwise agreed in writing. The maximum flex debit that an employee can carry from one settlement period to another is 22.5 hours. Prior approval and reasonable notice are required for any flex leave of a day or more, or for part days where predetermined operational requirements would be affected. Employees may use up to five consecutive working days of flex leave. Reversion to standard hours The Secretary may revert an employee to standard hours where the employee fails to appropriately use flextime provisions. Excess Flex Credits Where an employee has a flex balance in excess of 37 hours and 30 minutes, the Secretary may, in exceptional circumstances, approve the cash out at the single hourly rate at the end of the settlement period of the flex credit in excess of 22.5 hours.

Appears in 1 contract

Sources: Enterprise Agreement

Pathways to permanency. The Department and the APS will comply with the casual conversion provision(s) of the FW Act. In addition, the Department recognises that a proactive approach, including regularly reviewing casual and non-ongoing arrangements, is both a fair and efficient approach to supporting ongoing employment as the usual form of employment. Casual (irregular or intermittent) employment A casual (irregular or intermittent) employee is defined in the definitions section at clause section 16. A decision to expand the use of casual employees is subject to Section 10: Consultation, representation and dispute resolution of this Agreement. The Department will regularly review the working arrangements of casual employees to assess if they are genuinely performing irregular or intermittent duties, and report de-identified outcomes to the Workplace Consultative Forum. Remuneration for casual employees is on an hourly basis. A casual employee will receive a 25 per cent loading on the base hourly rate of their classification as set out in this Agreement. The casual loading is paid in lieu of payment for public holidays not worked, notice of termination of employment, redundancy benefits and all paid leave entitlements, other than leave required by legislation including long service leave in accordance with the Long Service Leave (Commonwealth Employees) Act 1976 and leave for family and domestic violence support. A casual employee will be engaged for a minimum of 3 hours per engagement or shall be paid for a minimum of 3 hours at the appropriate casual rate. A casual employee who is eligible for a workplace responsibility allowance will be paid the full amount. Non-ongoing employment A non-ongoing employee is defined in the definitions section at clause 16. Non-ongoing employees will generally have the same terms and conditions of employment as ongoing employees under this Agreement’s terms, except: personal/▇▇▇▇▇’s leave accrual at clauses 224 to 226; and redundancy provisions at clauses 469 to 508, subject to clause 101. If the non-ongoing employee’s contract is not permitted by section 333E of the FW Act, then the redundancy provisions at clauses 469 to 508 will apply. If the redundancy provisions apply to an employee under clause 101, the Department must adhere to the consultation requirements at Section 10: Consultation, representation and dispute resolution at clauses 473 to 478. Working hours The ordinary hours for a full time employee are 7 hours and 30 minutes per day, a total of 37 hours and 30 minutes per week and 150 hours per four week settlement period. The ordinary hours for a part-time employee are as set out in their part-time work agreement. The span of hours during which an employee (other than a shiftworker) can perform their ordinary hours is 7.00am to 7.00pm Monday to Friday (bandwidth). With the exception of shiftworkers, no employee can be compelled to work ordinary hours outside the Bandwidth. Standard hours for employees, other than shiftworkers, are 8.30am to 12.30pm and 1.30pm to 5.00pm. An employee and their manager may agree to a pattern of ordinary hours to vary standard hours (Regular hours). The Secretary can direct an employee to work standard hours if the employee fails to maintain a satisfactory pattern of attendance. All employees are required to take an unpaid break for at least 30 minutes after five hours of continuous work. All employees must record and retain an accurate record of their working hours. Unless there are exceptional circumstances, employees will not be expected to work more than 10 hours in any one day. An employee may refuse to work additional hours where such additional hours are considered to be unreasonable. Flex for APS 1-6 Classifications Employees up to and including APS 1 – 6 and equivalent classifications may access flextime. The maximum flex credit that an employee can carry from one settlement period to another is 37 hours and 30 minutes unless otherwise agreed in writing. The maximum flex debit that an employee can be carry from one settlement period to another is 22.5 hours. Prior approval and reasonable notice are required for any flex leave of a day or more, or for part days where predetermined operational requirements would be affected. Employees may use up to five consecutive working days of flex leave. Reversion to standard hours The Secretary may revert an employee to standard hours where the employee fails to appropriately use flextime provisions. Excess Flex Credits Where an employee has a flex balance in excess of 37 hours and 30 minutes, the Secretary may, in exceptional circumstances, approve the cash out at the single hourly rate at the end of the settlement period of the flex credit in excess of 22.5 hours.

Appears in 1 contract

Sources: Enterprise Agreement