Casual Conversion Process. (a) This clause sets out the process for long term casual employees to apply for conversion to either continuing or fixed-term employment. An employee will not be engaged and re- engaged nor have his/her hours reduced in order to avoid any obligation under this clause. (b) To be eligible to apply for conversion, a casual employee must be employed on a regular and systematic basis in the same or a substantially similar position in the same work unit either: (i) over the immediately preceding period of 12 months and in those immediately preceding twelve months the average weekly hours worked equalled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time employee; or (ii) over the immediately preceding period of at least 24 months. For the purposes of this clause occasional and short term work performed by the employee in another classification, job or work unit will not: • affect the employee's eligibility for conversion; or • be included in determining whether the employee meets or does not meet the eligibility requirements. For the purpose of this clause, "work unit" refers to an organisational unit with control over the appointment and deployment of casual general staff within that unit. (c) Conversion may be applied for in writing by an employee when an employee believes he/she meets the above criteria. The University will take reasonable steps from time to time to inform casual employees that they may have a right to apply for conversion under this clause. (d) The University may only refuse an application for conversion on reasonable grounds. Reasonable grounds include, but are not limited to, the following: (i) the employee is a student, or has recently been a student, other than where her/his status as a student is irrelevant to his/her engagement and the work required; (ii) the employee is a genuine retiree; (iii) the employee is performing work which will either cease to be required or will be performed by a non-casual employee, within 26 weeks (from the date of application); (iv) the employee has a primary occupation with the University or elsewhere, either as an employee or as a self-employed person; (v) the employee does not meet the essential requirements of the position; or (vi) the work is ad hoc, intermittent, unpredictable or involves hours that are irregular. (e) The University must determine an application for conversion either by offering conversion to continuing or fixed-term employment or by rejecting the application. If the University rejects the application, it must provide written reasons for rejecting it. (f) Conversion may be to either a continuing appointment or to a fixed-term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the employer’s operational requirements and the desirability of offering the employee work which is as regular and continuous as is reasonably practicable, will be consistent with the employee’s casual engagement. (g) Conversion may be to part-year, annualised hours or seasonal employment where by custom and practice the work has been performed by casual employees on such a basis, or otherwise by agreement by the parties. (h) An employee whose application for conversion is rejected will not be entitled to apply again within 12 months except where: (i) that rejection is solely based upon the ground set out in 16.3.1(d)(iii) above; and (ii) that ground ceased to apply.
Appears in 1 contract
Sources: Enterprise Agreement
Casual Conversion Process. (a) This clause sets out the process for long term A casual employees employee is eligible to apply for conversion to either continuing or fixed-term employment. An employee will not be engaged and re- engaged nor have his/her hours reduced , as appropriate, in order to avoid any obligation under this clause.the following circumstances:
(bi) To be eligible to apply for conversion, a if the casual employee must be has been employed by the University on a regular and systematic basis in the same or a substantially similar and identically classified position in the same workplace/work unit either:unit;
(iii) over the period of employment referred to in subclause 12(a)(i) was during the immediately preceding period of 12 months at least twelve (12) months; and in those immediately preceding twelve months Employer Initials:
(iii) the average weekly hours worked during the period referred to in subclause 12(a)(ii) equalled at least 5070% of the ordinary weekly hours that would have been worked by an equivalent full-time employee; or.
(iib) over the immediately preceding period of at least 24 months. For the purposes of this clause occasional and short term subclause casual work performed by the employee Casual Employee in another classification, job or workplace/work unit will shall not: • :
(i) affect the employeeCasual Employee's eligibility for conversion; or • nor
(ii) be included in determining whether the employee Casual Employee meets or does not meet the eligibility requirements. For the purpose of this clause, "work unit" refers to an organisational unit with control over the appointment and deployment of casual general staff within that unit.
(c) Conversion may be applied for to continuing or fixed-term employment will not occur in writing by an employee when an employee believes he/she meets the above criteria. The University will take reasonable steps from time to time to inform casual employees that they may have a right to apply for conversion under this clause.
(d) The University may only refuse an application for conversion on reasonable grounds. Reasonable grounds include, but are not limited to, following circumstances except at the followingdiscretion of the University:
(i) the employee position is a student, or has recently been a student, other than where her/his status as a student is irrelevant to his/her engagement and the work requiredone set aside specifically for students;
(ii) the employee Casual Employee is a genuine retiree;
(iii) the employee Casual Employee is performing work which will either cease to be required or will be performed by a noncontinuing or fixed-casual term employee, within 26 twenty six (26) weeks (from the date on which the application of application)conversion is made;
(iv) the employee Casual Employee has a primary occupation with the University or elsewhere, either as an employee a staff member or as a self-employed person;
(v) the employee Casual Employee does not meet the essential requirements of the position; or
(vi) the work subject to the application for conversion is ad hoc, intermittent, unpredictable or involves hours that are irregular.
(ed) The University must will determine an application for conversion either by offering conversion whether the Casual Employee's employment will be converted to continuing or fixed-term employment or by rejecting the application. If the University rejects the application, it must provide written reasons for rejecting itemployment.
(f) Conversion may be to either a continuing appointment or to a fixed-term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the employer’s operational requirements and the desirability of offering the employee work which is as regular and continuous as is reasonably practicable, will be consistent with the employee’s casual engagement.
(g) Conversion may be to part-year, annualised hours or seasonal employment where by custom and practice the work has been performed by casual employees on such a basis, or otherwise by agreement by the parties.
(h) An employee whose application for conversion is rejected will not be entitled to apply again within 12 months except where:
(i) that rejection is solely based upon the ground set out in 16.3.1(d)(iii) above; and
(ii) that ground ceased to apply.
Appears in 1 contract
Sources: Australian Workplace Agreement
Casual Conversion Process. (a) This clause sets out the process for long term casual employees to apply for conversion to either continuing or fixed-term employment. An employee will not be engaged and re- engaged nor have his/her hours reduced in order to avoid any obligation under this clause.
(b) To be eligible to apply for conversion, a casual employee must be employed on a regular and systematic basis in the same or a substantially similar position in the same work unit either:
(i) over the immediately preceding period of 12 months and in those immediately preceding twelve months the average weekly hours worked equalled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-full- time employee; or
(ii) over the immediately preceding period of at least 24 months. For the purposes of this clause occasional and short term work performed by the employee in another classification, job or work unit will not: • affect the employee's eligibility for conversion; or • be included in determining whether the employee meets or does not meet the eligibility requirements. For the purpose of this clause, "work unit" refers to an organisational unit with control over the appointment and deployment of casual general staff within that unit.
(c) Conversion may be applied for in writing by an employee when an employee believes he/she meets the above criteria. The University will take reasonable steps from time to time to inform casual employees that they may have a right to apply for conversion under this clause.
(d) The University may only refuse an application for conversion on reasonable grounds. Reasonable grounds include, but are not limited to, the following:
(i) the employee is a student, or has recently been a student, other than where her/his status as a student is irrelevant to his/her engagement and the work required;
(ii) the employee is a genuine retiree;
(iii) the employee is performing work which will either cease to be required or will be performed by a non-casual employee, within 26 weeks (from the date of application);
(iv) the employee has a primary occupation with the University or elsewhere, either as an employee or as a self-employed person;
(v) the employee does not meet the essential requirements of the position; or
(vi) the work is ad hoc, intermittent, unpredictable or involves hours that are irregular.
(e) The University must determine an application for conversion either by offering conversion to continuing or fixed-term employment or by rejecting the application. If the University rejects the application, it must provide written reasons for rejecting it.
(f) Conversion may be to either a continuing appointment or to a fixed-term appointment. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the employer’s operational requirements and the desirability of offering the employee work which is as regular and continuous as is reasonably practicable, will be consistent with the employee’s casual engagement.
(g) Conversion may be to part-year, annualised hours or seasonal employment where by custom and practice the work has been performed by casual employees on such a basis, or otherwise by agreement by the parties.
(h) An employee whose application for conversion is rejected will not be entitled to apply again within 12 months except where:
(i) that rejection is solely based upon the ground set out in 16.3.1(d)(iii) above; and
(ii) that ground ceased to apply.
Appears in 1 contract
Sources: Enterprise Agreement