11. Casual employees

[Varied by PR723940, PR734194, PR777262]

[11.1 deleted by PR734194 from 27Sep21]

[11.2 deleted by PR734194 from 27Sep21]

[11.3 renumbered as 11.1 by PR734194 from 27Sep21]

11.1 An employer when engaging a casual must inform the employee that they are employed as a casual, stating:

(a) by whom the employee is employed;

[11.1(b) deleted by PR734194 from 27Sep21]

[11.1(c) renumbered as 11.1(b) by PR734194 from 27Sep21]

(b) their classification level; and

[11.1(d) renumbered as 11.1(c) by PR734194 from 27Sep21]

(c) their rate of pay.

11.2 Casual pieceworkers

[11.4 renumbered as 11.2 by PR734194 from 27Sep21]

(a) Shearers, Crutchers and Woolpressers engaged as casual pieceworkers will be paid piecework rates in accordance with Part 9—Shearing Operations.

(b) For the purpose of the NES, the base rate of pay for a pieceworker is the base rate of pay as defined in the NES.

(c) For the purpose of the NES, the full rate of pay for a pieceworker is the full rate of pay as defined in the NES.

11.3 Casual loading

[11.5 renumbered as 11.3 by PR734194 from 27Sep21]

[11.3(a) varied by PR723940 ppc 20Nov20]

(a) For each ordinary hour worked a casual employee, other than a casual pieceworker, must be paid:

(i) the ordinary hourly rate prescribed for the class of work performed; and

(ii) a loading of 25% of the ordinary hourly rate.

(b) The casual loading is paid instead of annual leave, personal/carer’s leave, notice of termination, redundancy benefits and the other attributes of full-time or part-time employment.

[11.3(c) inserted by PR723940 ppc 20Nov20]

(c) When a casual employee works overtime, they must be paid the overtime rates in clauses 35.2, 43.2, and 49.1(b).

[11.6 renumbered as 11.4 by PR734194 from 27Sep21]

11.4 Casual employees must be paid at the termination of each engagement but may agree to be paid weekly or fortnightly.

11.5 Minimum engagement

[11.7 renumbered as 11.5 by PR734194 from 27Sep21]

(a) Subject to clause 11.5(b), an employer must pay a casual employee, other than a casual pieceworker, for a minimum of 3 hours’ work at the appropriate rate for each occasion on which the employee is required to attend for work, even if the employee is only required to work for a shorter time.

(b) An employer is only required to pay a casual employee for a minimum of 2 hours’ work if all of the following apply:

(i) the employee is engaged to perform the work of a dairy operator; and

(ii) the employee is aged 18 years of age or younger; and

(iii) the employee is a full-time secondary school student.

11.6 Changes to casual employment status

[New 11.6 inserted by PR734194; renamed and substituted by PR777262 from 27Aug24]

A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.

NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 28—Dispute resolution.

[11.8 deleted by PR734194 from 27Sep21]

28. Dispute resolution

[Varied by PR763232, PR777262, PR777997]

28.1 Clause 28 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

28.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

28.3 If the dispute is not resolved through discussion as mentioned in clause 28.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

28.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 28.2 and 28.3, a party to the dispute may refer it to the Fair Work Commission.

28.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

28.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

28.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 28.

28.8 While procedures are being followed under clause 28 in relation to a dispute:

(a) work must continue in accordance with this award and the Act; and

(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

28.9 Clause 28.8 is subject to any applicable work health and safety legislation.

[Note 1 and Note 2 inserted by PR763232; deleted by PR777997 from 26Aug24]

[Note inserted by PR777997 from 26Aug24; varied by PR777262 from 27Aug24]

NOTE: In addition to clause 28, the Act contains dispute resolution procedures as follows:

For a dispute about rights under the Act to | Section

Request flexible working arrangements | 65B

Change casual employment status | 66M

Request an extension to unpaid parental leave | 76B

Exercise an employee’s right to disconnect | 333N

Part 5—Termination of Employment and Redundancy