Common use of Right to request casual conversion Clause in Contracts

Right to request casual conversion. 3.4.1 A person engaged as a regular casual employee may request in writing that their employment be converted to full-time or part-time employment. 3.4.2 A regular casual employee is a casual employee who has in the preceding period of 12 months, worked a pattern of 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. 3.4.3 A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment. 3.4.4 A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. 3.4.5 Where a regular casual employee seeks to convert to permanent employment, management will discuss this request with the employee prior to a decision being finalised. Acknowledging shifts can occur at any time 24/7, this discussion may take the form of; face-to-face conversation, exchange of emails or similar, telephone conversation or in writing. 3.4.6 The request may only be refused on reasonable grounds. 3.4.7 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 permanent 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 3.4.2; 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 reasonable 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. 3.4.8 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 3.4.9 Where management refuses a regular casual employee’s request to convert, the employer must provide the casual employee with management’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept management’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in this agreement. Under that procedure, the employee or management may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. 3.4.10 Where it is agreed that a casual employee will have their employment converted to permanent as provided for in this clause, management and the employee must discuss and record in writing: a) the form of employment to which the employee will convert - that is full-time or part-time employment; and b) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 3.2. 3.4.11 The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. 3.4.12 Once a casual employee has converted to permanent employment, the employee may only revert to casual employment with the written agreement of management. 3.4.13 Nothing in this clause obliges a regular casual employee to convert to permanent employment, nor permits an employer to require a regular casual employee to so convert. 3.4.14 Nothing in this clause requires management to increase the hours of a regular casual employee seeking conversion to permanent employment. 3.4.15 All existing casual employees have access to an electronic copy of this agreement on the company intranet site. Changes introduced following negotiations for a replacement agreement are explained to existing employees as per the requirements of the Act prior to ballot. New employees are provided with a link to this agreement in their letter of offer.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Right to request casual conversion. 3.4.1 (a) A person engaged by Anglicare SQ as a regular casual employee may request in writing that their employment be converted to full-time or part-time employment. 3.4.2 (b) A regular casual employee is a casual employee who has in the preceding period of 12 months, months worked a pattern of hours on an ongoing basis which 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 agreementAgreement. 3.4.3 (c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment. 3.4.4 (d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. 3.4.5 (e) Any request under this clause must be in writing and provided to Anglicare SQ. (f) Where a regular casual employee seeks to convert to permanent full-time or part-time employment, management will discuss this request with Anglicare SQ may agree to or refuse the employee prior to a decision being finalised. Acknowledging shifts can occur at any time 24/7request, this discussion may take but the form of; face-to-face conversation, exchange of emails or similar, telephone conversation or in writing. 3.4.6 The request may only be refused on reasonable grounds. 3.4.7 grounds and after there has been consultation with the employee. Reasonable grounds for refusal include that: a(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 permanent full-time or part- time employee in accordance with the provisions of this agreement - Agreement – that is, the casual employee is not truly a regular casual employee as defined in paragraph 3.4.2subclause 4.4.4(b); b(ii) It it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; c(iii) it is known or reasonable 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(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. 3.4.8 (g) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 3.4.9 (h) Where management Anglicare SQ refuses a regular casual employee’s request to convert, the employer Anglicare SQ must provide the casual employee with managementAnglicare SQ’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept managementAnglicare SQ’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in this agreementclause 3.1. Under that procedure, the employee or management Anglicare SQ may refer the matter to the Fair Work Commission FWC if the dispute cannot be resolved at the workplace level. 3.4.10 (i) Where it is agreed that a casual employee will have their employment converted to permanent full-time or part-time employment as provided for in this clause, management Anglicare SQ and the employee must discuss and record in writing: a(i) the form of employment to which the employee will convert - that is is, full-time or part-time employment; and b(ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 3.24.3. 3.4.11 (j) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. 3.4.12 (k) Once a casual employee has converted to permanent full-time or part-time employment, the employee may only revert to casual employment with the written agreement of managementAnglicare SQ. 3.4.13 (l) 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. (m) Nothing in this clause obliges a regular casual employee to convert to permanent full-time or part-time employment, nor permits an employer Anglicare SQ to require a regular casual employee to so convert. 3.4.14 (n) Nothing in this clause requires management Anglicare SQ to increase the hours of a regular casual employee seeking conversion to permanent full-time or part-time employment. 3.4.15 All existing (o) Anglicare SQ must provide a casual employees have access to an electronic employee, whether a regular casual employee or not, with a copy of the provisions of this agreement on clause within the company intranet site. Changes introduced following negotiations for a replacement agreement are explained to existing employees as per the requirements first 12 months of the Act prior employee’s first engagement to ballot. New employees are provided with a link to this agreement in their letter of offerperform work.

Appears in 2 contracts

Sources: Allied Health Enterprise Agreement, Enterprise Agreement

Right to request casual conversion. 3.4.1 (i) A person engaged as a regular casual employee may request in writing that their employment be converted to full-time or part-time employment. 3.4.2 (ii) A regular casual employee is a casual employee who has in the preceding period of 12 months, 6 months worked a pattern of hours on an ongoing basis which 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 agreementaward. 3.4.3 (iii) A regular casual employee who has worked equivalent full-full- time hours over the preceding period of 12 months’ casual 6 months’casual employment may request to have their employment converted to full-time employment. 3.4.4 (iv) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual 6 months’casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. 3.4.5 (v) Any request under clause 3.2 (d) must be in writing and provided to the employer. (vi) Where a regular casual employee seeks to convert to permanent full-time or part-time employment, management will discuss this request with the employee prior employer may agree to a decision being finalised. Acknowledging shifts can occur at any time 24/7or refuse the request, this discussion may take but the form of; face-to-face conversation, exchange of emails or similar, telephone conversation or in writing. 3.4.6 The request may only be refused on reasonable groundsgrounds and after there has been consultation with the employee. 3.4.7 (vii) Reasonable grounds for refusal include that: a(i) it It would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a permanent full-time or part-time employee in accordance with the provisions of this agreement - award –that is, the casual employee is not truly a regular casual employee as defined in paragraph 3.4.2;clause 3.2 (d) (ii). b(ii) It it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; c(iii) it is known or reasonable 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(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. 3.4.8 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 3.4.9 Where management refuses a regular casual employee’s request to convert, the employer must provide the casual employee with management’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept management’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in this agreement. Under that procedure, the employee or management may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. 3.4.10 Where it is agreed that a casual employee will have their employment converted to permanent as provided for in this clause, management and the employee must discuss and record in writing: a) the form of employment to which the employee will convert - that is full-time or part-time employment; and b) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 3.2. 3.4.11 The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. 3.4.12 Once a casual employee has converted to permanent employment, the employee may only revert to casual employment with the written agreement of management. 3.4.13 Nothing in this clause obliges a regular casual employee to convert to permanent employment, nor permits an employer to require a regular casual employee to so convert. 3.4.14 Nothing in this clause requires management to increase the hours of a regular casual employee seeking conversion to permanent employment. 3.4.15 All existing casual employees have access to an electronic copy of this agreement on the company intranet site. Changes introduced following negotiations for a replacement agreement are explained to existing employees as per the requirements of the Act prior to ballot. New employees are provided with a link to this agreement in their letter of offer.

Appears in 1 contract

Sources: Enterprise Agreement

Right to request casual conversion. 3.4.1 A person 5.5.1 An employee engaged as a regular casual employee may request in writing that their employment be converted to full-time or part-time employment. 3.4.2 5.5.2 A regular casual employee is a casual employee who has in the preceding period of 12 months, months worked a pattern of hours on an ongoing basis which 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 agreement. 3.4.3 5.5.3 A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ months casual employment may request to have their employment converted to full-time employment. 3.4.4 5.5.4 A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ months ‘casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. 3.4.5 5.5.5 Any request under this subclause must be in writing and provided to the employer. 5.5.6 Where a regular casual employee seeks to convert to permanent full-time or part-time employment, management will discuss this request with the employee prior employer may agree to a decision being finalised. Acknowledging shifts can occur at any time 24/7or refuse the request, this discussion may take but the form of; face-to-face conversation, exchange of emails or similar, telephone conversation or in writing. 3.4.6 The request may only be refused on reasonable groundsgrounds and after there has been consultation with the employee. 3.4.7 5.5.7 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 permanent full-time or part-time employee in accordance with the provisions of this agreement - agreement–that is, the casual employee is not truly a regular casual employee as defined in paragraph 3.4.2subclause 5.5.2; (b) It 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 reasonable 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. 3.4.8 5.5.8 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 3.4.9 5.5.9 Where management the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with managementthe employer’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept managementthe employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in of this agreement. Under that procedure, the employee or management may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. 3.4.10 5.5.10 Where it is agreed that a casual employee will have their employment converted to permanent full- time or part-time employment as provided for in this clause, management the employer and the employee must discuss and record in writing: (a) the form of employment to which the employee will convert - that is is, full-time or part-part- time employment; and (b) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 3.25.2. 3.4.11 5.5.11 The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. 3.4.12 5.5.12 Once a casual employee has converted to permanent full-time or part-time employment, the employee may only revert to casual employment with the written agreement of managementthe employer. 3.4.13 5.5.13 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. 5.5.14 Nothing in this clause obliges a regular casual employee to convert to permanent full-time or part- time employment, nor permits an employer to require a regular casual employee to so convert. 3.4.14 5.5.15 Nothing in this clause requires management an employer to increase the hours of a regular casual employee seeking conversion to permanent full-time or part-time employment. 3.4.15 All existing 5.5.16 An employer must provide a casual employees have access to an electronic employee, whether a regular casual employee or not, with a copy of the provisions of this agreement on subclause within the company intranet site. Changes introduced following negotiations for a replacement agreement are explained to existing employees as per the requirements first 12 months of the Act prior employee’s first engagement to ballot. New employees are provided perform work. 5.5.17 A casual employee’s right to request to convert is not affected if the employer fails to comply with a link to this agreement the notice requirements in their letter of offersubclause 5.5.16.

Appears in 1 contract

Sources: National Enterprise Agreement

Right to request casual conversion. 3.4.1 14.1 A person engaged as a regular casual employee Employee may request in writing that their employment be converted to full-time or part-time employment. 3.4.2 14.2 A regular casual employee Employee is a casual employee Employee who has in the preceding period of 12 months, months worked a pattern of hours on an ongoing basis which 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 agreementAgreement. 3.4.3 14.3 A regular casual employee Employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment. 3.4.4 14.4 A regular casual employee Employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. 3.4.5 14.5 Any request under this sub-clause must be in writing and provided to TEISD. 14.6 Where a regular casual employee Employee seeks to convert to permanent full-time or part-time employment, management will discuss this request with TEISD may agree to or refuse the employee prior to a decision being finalised. Acknowledging shifts can occur at any time 24/7request, this discussion may take but the form of; face-to-face conversation, exchange of emails or similar, telephone conversation or in writing. 3.4.6 The request may only be refused on reasonable groundsgrounds and after there has been consultation with the Employee. 3.4.7 14.7 Reasonable grounds for refusal include that: a) 14.7.1 it would require a significant adjustment to the casual employeeEmployee’s hours of work in order for the employee Employee to be engaged as a permanent employee full-time or part-time Employee in accordance with the provisions of this agreement - that isAgreement, i.e. the casual employee Employee is not truly a regular casual employee Employee as defined in paragraph 3.4.214.2; b) It 14.7.2 it is known or reasonably foreseeable that the regular casual employeeEmployee’s position will cease to exist within the next 12 months; c) 14.7.3 it is known or reasonable reasonably foreseeable that the hours of work which the regular casual employee Employee is required to perform will be significantly reduced in the next 12 months; or d) 14.7.4 it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employeeEmployee’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 Employee is available to work. 3.4.8 14.8 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 3.4.9 14.9 Where management ▇▇▇▇▇ refuses a regular casual employeeEmployee’s request to convert, the employer it must provide the casual employee Employee with management’s reasons for refusal in writing within 21 days of the request being made. If the employee Employee does not accept managementTEISD’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure process in this agreementclause 64. Under that procedure, the employee Employee or management TEISD may refer the matter to the Fair Work Commission FWC if the dispute cannot be resolved at the workplace level. 3.4.10 14.10 Where it is agreed that a casual employee Employee will have their employment converted to permanent full-time or part-time employment as provided for in this clause, management TEISD and the employee Employee must discuss and record in writing: a) 14.10.1 the form of employment to which the employee Employee will convert - that is convert, i.e. full-time or part-time employment; and b) 14.10.2 if it is agreed that the employee Employee will become a part-time employeeEmployee, the matters referred to in clause 3.2number of hours per week. 3.4.11 14.11 The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. 3.4.12 14.12 Once a casual employee Employee has converted to permanent full-time or part-time employment, the employee Employee may only revert to casual employment with the written agreement of managementTEISD. 3.4.13 14.13 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. 14.14 Nothing in this clause obliges a regular casual employee Employee to convert to permanent full-time or part-time employment, nor permits an employer TEISD to require a regular casual employee Employee to so convert. 3.4.14 14.15 Nothing in this clause requires management TEISD to increase the hours of a regular casual employee Employee seeking conversion to permanent full-time or part-time employment. 3.4.15 All existing 14.16 TEISD must provide a casual employees have access to an electronic Employee, whether a regular casual Employee or not, with a copy of the provisions of this agreement on sub-clause within the company intranet site. Changes introduced following negotiations for a replacement agreement are explained to existing employees as per the requirements first 12 months of the Act prior Employee’s first engagement to ballotperform work. New employees are provided In respect of casual Employees already employed as at 11 October 2019, TEISD must have provide such Employees with a link copy of the provisions of this sub-clause by 1 January 2020. 14.17 A casual Employee’s right to this agreement request to convert is not affected if TEISD fails to comply with the notice requirements in their letter of offerparagraph 14.16.

Appears in 1 contract

Sources: Enterprise Bargaining Agreement

Right to request casual conversion. 3.4.1 (a) A person engaged by a particular employer as a regular casual employee may request in writing that their employment be converted to full-time or part-time employment. 3.4.2 (b) A regular casual employee is a casual employee who has in the preceding period of 12 months, months worked a pattern of hours on an ongoing basis which 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 agreementaward. 3.4.3 (c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment. 3.4.4 (d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. 3.4.5 (e) Any request under this subclause must be in writing and provided to the employer. (f) Where a regular casual employee seeks to convert to permanent full-time or part-time employment, management will discuss this request with the employee prior employer may agree to a decision being finalised. Acknowledging shifts can occur at any time 24/7or refuse the request, this discussion may take but the form of; face-to-face conversation, exchange of emails or similar, telephone conversation or in writing. 3.4.6 The request may only be refused on reasonable groundsgrounds and after there has been consultation with the employee. 3.4.7 (g) Reasonable grounds for refusal include that: a(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 permanent full-time or part-time employee in accordance with the provisions of this agreement - award –that is, the casual employee is not truly a regular casual employee as defined in paragraph 3.4.212.6(b); b(ii) It it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; c(iii) it is known or reasonable 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(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. 3.4.8 (h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 3.4.9 (i) Where management the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with managementthe employer’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept managementthe employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in this agreementclause 10.1. Under that procedure, the employee or management the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. 3.4.10 (j) Where it is agreed that a casual employee will have their employment converted to permanent full-time or part-time employment as provided for in this clause, management the employer and the employee must discuss and record in writing: a(i) the form of employment to which the employee will convert - that is is, full-time or part-time employment; and b(ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 3.212.4(d). 3.4.11 (k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. 3.4.12 (l) Once a casual employee has converted to permanent full-time or part-time employment, the employee may only revert to casual employment with the written agreement of managementthe employer. 3.4.13 (m) 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. (n) Nothing in this clause obliges a regular casual employee to convert to permanent full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert. 3.4.14 (o) Nothing in this clause requires management an employer to increase the hours of a regular casual employee seeking conversion to permanent full-time or part-time employment. 3.4.15 All existing (p) An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of this subclause within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees have access to already employed as at 15 February 2019, an electronic employer must provide such employees with a copy of the provisions of this agreement on subclause by 15 May 2019. (q) A casual employee’s right to request to convert is not affected if the company intranet site. Changes introduced following negotiations for a replacement agreement are explained employer fails to existing employees as per comply with the notice requirements of the Act prior to ballot. New employees are provided with a link to this agreement in their letter of offerparagraph (p).

Appears in 1 contract

Sources: Presbyterian Ladies' College General Staff Agreement 2019 2021

Right to request casual conversion. 3.4.1 3.4.9.1 A person engaged by the Company as a regular casual employee Employee may request in writing that their employment be converted to full-time or part-time employment. 3.4.2 3.4.9.2 A regular casual employee Employee is a casual employee Employee who has in the preceding period of 12 months, months worked a pattern of hours on an ongoing basis which 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 agreementAgreement. 3.4.3 3.4.9.3 A regular casual employee Employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment. 3.4.4 3.4.9.4 A regular casual employee Employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. 3.4.5 3.4.9.5 Any request under this paragraph must be in writing and provided to the Company. 3.4.9.6 Where a regular casual employee Employee seeks to convert to permanent full-time or part-time employment, management will discuss this request with the employee prior Company may agree to a decision being finalised. Acknowledging shifts can occur at any time 24/7or refuse the request, this discussion may take but the form of; face-to-face conversation, exchange of emails or similar, telephone conversation or in writing. 3.4.6 The request may only be refused on reasonable groundsgrounds and after there has been consultation with the Employee. 3.4.7 3.4.9.7 Reasonable grounds for refusal include that: a) 3.4.9.7.1 it would require a significant adjustment to the casual employeeEmployee’s hours of work in order for the employee Employee to be engaged as a permanent employee full-time or part-time Employee in accordance with the provisions of this agreement - award – that is, the casual employee Employee is not truly a regular casual employee Employee as defined in paragraph 3.4.23.4.9.2; b) It 3.4.9.7.2 it is known or reasonably foreseeable that the regular casual employeeEmployee’s position will cease to exist within the next 12 months; c) 3.4.9.7.3 it is known or reasonable reasonably foreseeable that the hours of work which the regular casual employee Employee is required to perform will be significantly reduced in the next 12 months; or d) 3.4.9.7.4 it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employeeEmployee’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 Employee is available to work. 3.4.8 3.4.9.8 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 3.4.9 3.4.9.9 Where management the Company refuses a regular casual employeeEmployee’s request to convert, the employer Company must provide the casual employee Employee with managementthe Company’s reasons for refusal in writing within 21 days of the request being made. If the employee Employee does not accept managementthe Company’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure outlined in this agreementparagraph 3.10. Under that procedure, the employee Employee or management the Company may refer the matter to the Fair Work Commission FWC if the dispute cannot be resolved at the workplace level. 3.4.10 3.4.9.10 Where it is agreed that a casual employee Employee will have their employment converted to permanent full-time or part-time employment as provided for in this clauseparagraph, management the Company and the employee Employee must discuss and record in writing: a) 3.4.9.10.1 the form of employment to which the employee Employee will convert - that is is, full-time or part-time employment; and b) 3.4.9.10.2 if it is agreed that the employee Employee will become a part-time employeeEmployee, the matters referred to in clause 3.2paragraph 3.3.3. 3.4.11 3.4.9.11 The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. 3.4.12 3.4.9.12 Once a casual employee Employee has converted to permanent full-time or part-time employment, the employee Employee may only revert to casual employment with the written agreement of managementthe Company. 3.4.13 3.4.9.13 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 paragraph. 3.4.9.14 Nothing in this clause paragraph obliges a regular casual employee Employee to convert to permanent full-time or part- time employment, nor permits an employer the Company to require a regular casual employee Employee to so convert. 3.4.14 3.4.9.15 Nothing in this clause paragraph requires management the Company to increase the hours of a regular casual employee Employee seeking conversion to permanent full-time or part-time employment. 3.4.15 All existing 3.4.9.16 The Company must provide a casual employees have access to an electronic Employee, whether a regular casual Employee or not, with a copy of the provisions of this agreement on paragraph within the company intranet site. Changes introduced following negotiations for a replacement agreement are explained first 12 months of the Employee’s first engagement to existing employees as per perform work. 3.4.9.17 A casual Employee’s right to request casual conversion is not affected by any failure of the Company to comply with the requirements of the Act prior to ballot. New employees are provided with a link to this agreement in their letter of offerclause 3.4.9.16.

Appears in 1 contract

Sources: Enterprise Agreement

Right to request casual conversion. 3.4.1 14.7.1 A person engaged as a regular casual employee may request in writing that their employment be converted to full-time or part-time employment. 3.4.2 A regular casual employee employee” is a casual employee who has in the preceding period of 12 months, months worked a pattern of hours on an ongoing basis which which, without significant adjustment, the employee could continue to perform as a full-full- time employee or part- part-time employee under the provisions of this agreementAgreement. 3.4.3 14.7.2 A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment. 3.4.4 14.7.3 A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. 3.4.5 Where a regular casual employee seeks 14.7.4 Any request under this subclause must be made in writing to convert to permanent employment, management will discuss this request with the employee prior to a decision being finalised. Acknowledging shifts can occur at any time 24/7, this discussion may take the form of; face-to-face conversation, exchange of emails or similar, telephone conversation or in writingABC. 3.4.6 14.7.5 The ABC may agree to or refuse the request, but the request may only be refused on reasonable groundsgrounds and after there has been a discussion with the employee. 3.4.7 14.7.6 Reasonable grounds for refusal include but are not limited to that: a) 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 permanent 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 3.4.2Agreement; b) It b. it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; c) c. it is known or reasonable 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) 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. 3.4.8 14.7.7 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 3.4.9 14.7.8 Where management the ABC refuses a regular casual employee’s request to convert, the employer ABC must provide the casual employee with managementthe ABC’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept management’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in this agreement. Under that procedure, the employee or management may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. 3.4.10 14.7.9 Where it is agreed that a casual employee will have their employment converted to permanent full-time or part-time employment as provided for in this clause, management and the ABC must provide to the employee must discuss and record the following in writing: a) a. confirmation of the form of employment to which the employee will convert - that is is, full-time or part-time employment; and b) if it is agreed that the employee will become a b. for part-time employeeemployment, the matters referred to in clause 3.215.3.1. 3.4.11 14.7.10 The conversion will take effect from the start of the next pay cycle following such agreement being reached after the employee has accepted in writing the offer of ongoing employment made by the ABC unless otherwise another date is agreed. 3.4.12 14.7.11 Once a casual employee has converted to permanent full-time or part-time employment, the employee may only revert to casual employment with the written agreement of managementthe ABC. 3.4.13 14.7.12 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. 14.7.13 Nothing in this clause clause: a. obliges a regular casual employee to convert to permanent full-time or part-time employment, nor ; b. permits an employer the ABC to require a regular casual employee to so convert; or. 3.4.14 Nothing in this clause c. requires management the ABC to increase the hours of a regular casual employee seeking conversion to permanent full-time or part-time employment. 3.4.15 All existing 14.7.14 The ABC will notify casual employees have access of their right to an electronic copy request conversion under this clause in writing at the following times: a. for a casual employee whose first engagement is after the commencement of this agreement on Agreement, no later than two weeks after the company intranet site. Changes introduced following negotiations commencement of their first engagement; and b. for a replacement agreement are explained to existing employees person who has worked and was paid as per a casual employee at any time within the requirements of the Act 12 months prior to ballot. New employees are provided with the commencement of this Agreement (and is not a link to permanent employee at the commencement of this agreement in their letter Agreement), no later than six (6) months after the commencement of offerthis Agreement.

Appears in 1 contract

Sources: Enterprise Agreement

Right to request casual conversion. 3.4.1 18.5.1 A person engaged as by the Employer and who can be properly determined to be a regular casual employee may request in writing that their employment be converted to full-time or part-time employment. 3.4.2 18.5.2 A regular casual employee is a casual employee who has in the preceding period of 12 months, months worked a pattern of hours on an ongoing basis which 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 agreementAgreement. 3.4.3 18.5.3 A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment. 3.4.4 18.5.4 A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. 3.4.5 18.5.5 Any request under this clause must be in writing and provided to the Company. 18.5.6 Where a regular casual employee seeks to convert to permanent full-time or part-time employment, management will discuss this request with the employee prior Company may agree to a decision being finalised. Acknowledging shifts can occur at any time 24/7or refuse the request, this discussion may take but the form of; face-to-face conversation, exchange of emails or similar, telephone conversation or in writing. 3.4.6 The request may only be refused on reasonable groundsgrounds and after there has been consultation with the employee. 3.4.7 18.5.7 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 permanent full-time or part-time employee in accordance with the provisions of this agreement - Agreement – that is, the casual employee is not truly a regular casual employee as defined in paragraph 3.4.2clause 18.5.2 of this Agreement; (b) It 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 reasonable 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. 3.4.8 18.5.8 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 3.4.9 18.5.9 Where management the Company refuses a regular casual employee’s request to convert, the employer Company must provide the casual employee with managementthe Company’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept managementthe Company’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 35 of this agreement. Under that procedure, the employee or management may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace levelAgreement. 3.4.10 18.5.10 Where it is agreed that a casual employee will have their employment converted to permanent full-time or part-time employment as provided for in this clause, management the Company and the employee must discuss and record in writing: (a) the form of employment to which the employee will convert - that is is, full-time or part-part- time employment; and (b) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 3.219 of this Agreement. 3.4.11 18.5.11 The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. 3.4.12 18.5.12 Once a casual employee has converted to permanent full-time or part-time employment, the employee may only revert to casual employment with the written agreement of managementthe Company. 3.4.13 18.5.13 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. 18.5.14 Nothing in this clause obliges a regular casual employee to convert to permanent full-time or part-time employment, nor permits an employer the Company to require a regular casual employee to so convert. 3.4.14 18.5.15 Nothing in this clause requires management the Company to increase the hours of a regular casual employee seeking conversion to permanent full-time or part-time employment. 3.4.15 All existing 18.5.16 The Company must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of this clause within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees have access to an electronic already employed as at 1 October 2018, the Employer must provide such employees with a copy of the provisions of this agreement on clause by 1 January 2019. 18.5.17 A casual employee’s right to request to convert is not affected if the company intranet site. Changes introduced following negotiations for a replacement agreement are explained Company fails to existing employees as per comply with the notice requirements in clause 18.5.16 of the Act prior to ballot. New employees are provided with a link to this agreement in their letter of offerAgreement.

Appears in 1 contract

Sources: Victorian Prisoner Transport Services Enterprise Agreement

Right to request casual conversion. 3.4.1 19.5.1 A person engaged as by the Employer and who can be properly determined to be a regular casual employee may request in writing that their employment be converted to full-time or part-time employment. 3.4.2 19.5.2 A regular casual employee is a casual employee who has in the preceding period of 12 months, months worked a pattern of hours on an ongoing basis which 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 agreementAgreement. 3.4.3 19.5.3 A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment. 3.4.4 19.5.4 A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. 3.4.5 19.5.5 Any request under this clause must be in writing and provided to the Company. 19.5.6 Where a regular casual employee seeks to convert to permanent full-time or part-time employment, management will discuss this request with the employee prior Company may agree to a decision being finalised. Acknowledging shifts can occur at any time 24/7or refuse the request, this discussion may take but the form of; face-to-face conversation, exchange of emails or similar, telephone conversation or in writing. 3.4.6 The request may only be refused on reasonable groundsgrounds and after there has been consultation with the employee. 3.4.7 19.5.7 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 permanent full-time or part-time employee in accordance with the provisions of this agreement - Agreement – that is, the casual employee is not truly a regular casual employee as defined in paragraph 3.4.2clause 19.5.2 of this Agreement; (b) It 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 reasonable 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. 3.4.8 19.5.8 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 3.4.9 19.5.9 Where management the Company refuses a regular casual employee’s request to convert, the employer Company must provide the casual employee with managementthe Company’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept managementthe Company’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 35 of this agreement. Under that procedure, the employee or management may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace levelAgreement. 3.4.10 19.5.10 Where it is agreed that a casual employee will have their employment converted to permanent full-time or part-time employment as provided for in this clause, management the Company and the employee must discuss and record in writing: (a) the form of employment to which the employee will convert - that is is, full-time or part-time employment; and (b) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 3.220 of this Agreement. 3.4.11 19.5.11 The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. 3.4.12 19.5.12 Once a casual employee has converted to permanent full-time or part-time employment, the employee may only revert to casual employment with the written agreement of managementthe Company. 3.4.13 19.5.13 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. 19.5.14 Nothing in this clause obliges a regular casual employee to convert to permanent full-time or part-time employment, nor permits an employer the Company to require a regular casual employee to so convert. 3.4.14 19.5.15 Nothing in this clause requires management the Company to increase the hours of a regular casual employee seeking conversion to permanent full-time or part-time employment. 3.4.15 All existing 19.5.16 The Company must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of this clause within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees have access to an electronic already employed as at 1 October 2018, the Employer must provide such employees with a copy of the provisions of this agreement on clause by 1 January 2019. 19.5.17 A casual employee’s right to request to convert is not affected if the company intranet site. Changes introduced following negotiations for a replacement agreement are explained Company fails to existing employees as per comply with the notice requirements in clause 19.5.16 of the Act prior to ballot. New employees are provided with a link to this agreement in their letter of offerAgreement.

Appears in 1 contract

Sources: Victorian Prisoner Transport Services Enterprise Agreement

Right to request casual conversion. 3.4.1 9.1. A person engaged by the Company as a regular casual employee may request in writing that their employment be converted to full-time or part-time employment. 3.4.2 9.2. A regular casual employee is a casual employee who has in the preceding period of 12 months, months worked a pattern of hours on an ongoing basis which 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 agreementAgreement. 3.4.3 9.3. A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment. 3.4.4 9.4. A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. 3.4.5 9.5. Any request under this clause must be in writing and provided to the Company. 9.6. Where a regular casual employee seeks to convert to permanent full-time or part-time employment, management will discuss this request with the employee prior Company may agree to a decision being finalised. Acknowledging shifts can occur at any time 24/7or refuse the request, this discussion may take but the form of; face-to-face conversation, exchange of emails or similar, telephone conversation or in writing. 3.4.6 The request may only be refused on reasonable groundsgrounds and after there has been consultation with the employee. 3.4.7 9.7. Reasonable grounds for refusal include that: a) 9.7.1. it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a permanent full-time or part-time employee in accordance with the provisions of this agreement - Agreement – that is, the casual employee is not truly a regular casual employee as defined in paragraph 3.4.2subclause 9.2 of this Agreement; b) It 9.7.2. it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; c) 9.7.3. it is known or reasonable 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) 9.7.4. 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. 3.4.8 9.8. For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 3.4.9 9.9. Where management the Company refuses a regular casual employee’s request to convert, the employer must provide the casual employee with managementthe employer’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept managementthe Company’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in this agreementAgreement. Under that procedure, the employee or management the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. 3.4.10 9.10. Where it is agreed that a casual employee will have their employment converted to permanent full-time or part-time employment as provided for in this clause, management the Company and the employee must discuss and record in writing: a) 9.10.1. the form of employment to which the employee will convert - that is is, full-time or part-time employment; and b) 9.10.2. if it is agreed that the employee will become a part-time employee, the matters referred number of hours to in clause 3.2be worked each day, the days of the week the employee will work and the starting and finishing times each day. 3.4.11 9.11. The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. 3.4.12 Once a casual employee has converted to permanent employment, the employee may only revert to casual employment with the written agreement of management. 3.4.13 Nothing in this clause obliges a regular casual employee to convert to permanent employment, nor permits an employer to require a regular casual employee to so convert. 3.4.14 Nothing in this clause requires management to increase the hours of a regular casual employee seeking conversion to permanent employment. 3.4.15 All existing casual employees have access to an electronic copy of this agreement on the company intranet site. Changes introduced following negotiations for a replacement agreement are explained to existing employees as per the requirements of the Act prior to ballot. New employees are provided with a link to this agreement in their letter of offer.

Appears in 1 contract

Sources: Enterprise Agreement

Right to request casual conversion. 3.4.1 10.1.1 A person engaged as a regular casual employee may request in writing that their employment be converted to full-full- time or part-time employment. 3.4.2 10.1.2 A regular casual employee is a casual employee who has in the preceding period of 12 months, months worked a pattern of hours on an ongoing basis which which, without significant adjustment, the employee could continue to perform as a full-time employee or part- time employee under the provisions of this agreementEnterprise Agreement. 3.4.3 10.1.3 A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment. 3.4.4 10.1.4 A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. 3.4.5 10.1.5 Any request under this subclause must be provided to ▇▇▇▇▇ ▇▇▇▇▇ in writing. 10.1.6 Where a regular casual employee seeks to convert to permanent full-time or part-time employment, management will discuss this request with ▇▇▇▇▇ ▇▇▇▇▇ may agree to or refuse the employee prior to a decision being finalised. Acknowledging shifts can occur at any time 24/7request, this discussion may take but the form of; face-to-face conversation, exchange of emails or similar, telephone conversation or in writing. 3.4.6 The request may only be refused on reasonable groundsgrounds and after there has been consultation with the employee. 3.4.7 10.1.7 Reasonable grounds for refusal include that: a(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 permanent 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 3.4.2(b); b(ii) It it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; c(iii) it is known or reasonable 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(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. 3.4.8 10.1.8 For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 3.4.9 Where management refuses a regular casual employee’s request to convert, the employer must provide the casual employee with management’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept management’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in this agreement. Under that procedure, the employee or management may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level. 3.4.10 Where it is agreed that a casual employee will have their employment converted to permanent as provided for in this clause, management and the employee must discuss and record in writing: a) the form of employment to which the employee will convert - that is full-time or part-time employment; and b) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 3.2. 3.4.11 The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. 3.4.12 Once a casual employee has converted to permanent employment, the employee may only revert to casual employment with the written agreement of management. 3.4.13 Nothing in this clause obliges a regular casual employee to convert to permanent employment, nor permits an employer to require a regular casual employee to so convert. 3.4.14 Nothing in this clause requires management to increase the hours of a regular casual employee seeking conversion to permanent employment. 3.4.15 All existing casual employees have access to an electronic copy of this agreement on the company intranet site. Changes introduced following negotiations for a replacement agreement are explained to existing employees as per the requirements of the Act prior to ballot. New employees are provided with a link to this agreement in their letter of offer.

Appears in 1 contract

Sources: Enterprise Agreement

Right to request casual conversion. 3.4.1 (a) A person engaged by a particular Employer as a regular casual employee for at least 12 months may request in writing that their employment be converted to full-time or part-time employment. 3.4.2 (b) A regular casual employee is a casual employee who has in the preceding period of 12 months, six months worked a pattern of hours on an ongoing basis which which, without significant adjustment, the employee could continue to perform as a full-time employee or part- time employee under the provisions of this agreementAgreement. 3.4.3 (c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 six months’ casual employment may request to have their employment converted to full-time employment. 3.4.4 (d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 six months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked. 3.4.5 (e) Any request under this subclause must be in writing and provided to the employer. (f) Where a regular casual employee seeks to convert to permanent full-time or part-time employment, management will discuss this request with the employee prior employer may agree to a decision being finalised. Acknowledging shifts can occur at any time 24/7or refuse the request, this discussion may take but the form of; face-to-face conversation, exchange of emails or similar, telephone conversation or in writing. 3.4.6 The request may only be refused on reasonable groundsgrounds and after there has been consultation with the employee. 3.4.7 (g) Reasonable grounds for refusal include that: a(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 permanent full-time or part-time employee in accordance with the provisions of this agreement - Agreement – that is, the casual employee is not truly a regular casual employee as defined in paragraph 3.4.27.6(b); b(ii) It it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; c(iii) it is known or reasonable 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; oror Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2023 d(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. 3.4.8 (h) For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable. 3.4.9 (i) Where management the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with managementthe employer’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept managementthe employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in this agreement. Under that procedure, the employee or management may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace levelClause 28 – Dispute Resolution Procedure. 3.4.10 (j) Where it is agreed that a casual employee will have their employment converted to permanent full- time or part-time employment as provided for in this clause, management the employer and the employee must discuss and record in writing: a(i) the form of employment to which the employee will convert - that is full-is, full- time or part-time employment; and b(ii) if it is agreed that the employee will become a part-time employee, the matters referred to in clause 3.2paragraph 7.4(d). 3.4.11 (k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed. 3.4.12 (l) Once a casual employee has converted to permanent full-time or part-time employment, the employee may only revert to casual employment with the written agreement of managementthe employer. 3.4.13 (m) 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. (n) Nothing in this clause obliges a regular casual employee to convert to permanent full-time or part- time employment, nor permits an employer to require a regular casual employee to so convert. 3.4.14 (o) Nothing in this clause requires management an employer to increase the hours of a regular casual employee seeking conversion to permanent full-time or part-time employment. 3.4.15 All existing (p) An employer must provide a casual employees have access to an electronic employee, whether a regular casual employee or not, with a copy of the provisions of this agreement on sub-clause within the company intranet site. Changes introduced following negotiations for a replacement agreement are explained to existing employees as per the requirements first 12 months of the Act prior employee’s first engagement to ballotperform work. (q) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in paragraph 7.6(p). New employees are provided with a link to this agreement in their letter of offer.Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2023

Appears in 1 contract

Sources: Support Staff Multi Enterprise Agreement