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.

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.

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.

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.

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.

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).

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.

Right to request casual conversion. (a) For the purposes of this clause, a ‘regular A casual employee’ is a casual employee who Employee 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 fullFull-time employee Time Employee or part-time employee Part- Time Employee under the provisions of this Agreement. (b) 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) 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) Any request under this subclause must be in writing and provided to Healthscope in writingthe Employer. (e) Where a regular casual employee requests Employee seeks 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 Employer may agree to or refuse the request, but the request may only revert to casual employment be refused on reasonable grounds and after there has been consultation with the written agreement of HealthscopeEmployee. (jf) A casual employee must not Reasonable grounds for refusal include that: (i) it would require a significant adjustment to the Casual Employee's hours of work in order for that Employee to be engaged and reas a Full-engaged (which includes a refusal to reTime or Part-engage), or have their hours reduced or varied, Time Employee 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 accordance 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. (nii) A it is known or reasonably foreseeable that the casual employee’s right 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 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. (g) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. (h) Where the Employer refuses a casual Employee's request to convert is not affected if Healthscope fails to comply convert, the Employer must provide the casual Employee with the notice requirements as required Employer's reasons for refusal in writing within 21 days of the request being made. If the Employee does not accept the Employer's refusal, this clausewill constitute a dispute that will be dealt with under the dispute settlement procedure in clause 19. 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.

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 10. Under that process, the employee or the Shire may refer the matter to the WAIRC 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. (hii) 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: (iiii) the form of employment to which the employee will convert – –that is, full-time or part-time employment;; and (iiiv) 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. (iiii) 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). (ij) 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. (jk) 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. (kl) 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. (lm) 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. (mn) 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 4.3.1 within the first twelve (12) months of the employee’s first engagement with Healthscopeto perform work. (no) 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 clauseparagraph (p).

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.

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)

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).

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).

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).

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.

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.