12. Casual employees

[Varied by PR724002, PR733854, PR777289]

[12.1 substituted by PR733854 from 27Sep21]

12.1 This clause does not apply to daily hire employees engaged pursuant to clause 11.

12.2 A casual employee will perform such work as the employer requires during the period of the engagement.

12.3 Subject to clause 12.2, the minimum period of engagement of a casual employee will be 4 hours each day or shift, which may be comprised of hours within or outside the span of ordinary hours provided for in this award.

[12.4 deleted by PR733854 from 27Sep21]

[12.5 renumbered as 12.4 by PR733854 from 27Sep21]

12.1 The ordinary hours of work for a casual employee must not exceed 38 hours in any week.

[12.6 renumbered as 12.5 by PR733854 from 27Sep21]

12.2 The minimum period of engagement for a casual cleaner employed to clean premises in any establishment may be 2 hours on any day or shift. The minimum period of engagement for a casual clerk employed as a bookkeeper may be 3 hours on any day or shift. The hours for casual cleaners or casual clerks may also be within or outside the span of ordinary hours.

[12.7 renumbered as 12.6 by PR733854 from 27Sep21]

12.3 Casual employees will be paid at the termination of each engagement or in accordance with the arrangements set out in clause 17.1.

[12.8 deleted by PR733854 from 27Sep21]

12.4 Casual loading

[12.9 substituted by PR724002 ppc 20Nov20; 12.9 renumbered as 12.7 by PR733854 from 27Sep21]

(a) For each ordinary hour worked, a casual employee must be paid a rate made up of:

(i) the minimum hourly rate for the classification in which they are employed; and

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

(b) The casual loading will not be paid for overtime hours worked.

[12.10 deleted by PR724002 ppc 20Nov20]

[12.11 renumbered as 12.10 by PR724002; 12.10 renumbered as 12.8 by PR733854 from 27Sep21]

12.5 A casual employee employed on shiftwork will, in addition to the casual loading set out in clause 12.4, be paid the appropriate shift rate based on the minimum hourly rate excluding the casual loading.

[12.12 renumbered as 12.11 by PR724002; 12.11 renumbered as 12.9 by PR733854 from 27Sep21]

12.6 A casual employee who works ordinary hours on a Saturday or Sunday, where ordinary hours are permitted by this award, does not receive the rate set out in clause 12.4 but receives, instead, the appropriate weekend penalty rates set out in clause 24—Penalty rates.

12.7 Changes to casual employment status

[12.13 renumbered as 12.12 by PR724002; 12.12 renumbered as 12.10 and renamed and substituted by PR733854; renamed and substituted by PR777289 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 34—Dispute resolution.

12.8 Right to request conversion to daily hire employment in meat processing establishments

[12.14 renumbered as 12.13 by PR724002; 12.13 renumbered as 12.11 and renamed and substituted by PR733854 from 27Sep21]

(a) A person engaged by a particular employer as a regular casual employee in a meat processing establishment may request that their employment be converted to daily hire or part-time daily hire employment.

(b) A regular casual employee for the purpose of subclause 12.8 is a casual employee employed in accordance with clause 12 who has over the preceding 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, part-time or daily hire employee (including part-time daily hire employee) under the provisions of this award.

(c) A regular casual employee may request to have their casual employment converted to the category of daily hire employment corresponding to the pattern of hours the employee has worked over the period referred to in clause 12.8(b).

(d) Any request under clause 12.8 must be in writing and provided to the employer.

(e) Where a regular casual employee seeks to convert to daily hire or part-time daily hire employment, the employer may agree to or refuse the request. The request may only be refused on reasonable grounds and after consultation with the employee.

(f) Reasonable grounds for refusal may include:

(i) that it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a daily hire or part-time daily hire employee in accordance with the provisions of this award – that is, the casual employee is not a true regular casual employee as defined in clause 12.8(b);

(ii) that it is known, or reasonably foreseeable, that the regular casual employee’s position will cease to exist within the next 12 months;

(iii) that 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, other than where daily hire is in operation and the reduction in hours is due to seasonal factors; or

(iv) that it is known, or reasonably foreseeable, that there will be a significant change in the days and 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 that are known or reasonably foreseeable.

(h) Where the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made.

(i) 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 34—Dispute resolution. 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.

(j) Where it is agreed that a regular casual employee will have their employment converted to daily hire or part-time daily hire employment as provided for in clause 12.8, the employer and employee must discuss and record in writing the form of employment to which the employee will convert—that is, daily hire or part-time daily hire employment.

(k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

(l) Once a regular casual employee has converted to daily hire or part-time daily hire employment, the employee may only revert to casual employment with the written agreement of the employer.

(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 clause 12.8.

(n) Nothing in clause 12.8 obliges a regular casual employee to convert to daily hire or part-time daily hire employment, nor permits an employer to require a regular casual employee to so convert.

(o) Nothing in clause 12.8 requires an employer to increase the hours of a regular casual employee seeking conversion to daily hire or part-time daily hire employment.

(p) An employer must provide a casual employee employed in accordance with clause 12, whether a regular casual employee or not, with a copy of the provisions of clause 12.8 within the first 12 months of the employee’s first engagement to perform 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 clause 12.8(p).

11. Daily hire employees

[Varied by PR733854]

11.1 An employer in a meat processing establishment may employ daily hire or part-time daily hire employees.

11.2 The daily hire employee will be employed by the day or shift or part thereof as the case may be, without breaking service for the purposes of the award and the NES as to payment for public holidays, personal/carer’s leave and annual leave. Employment will terminate at the end of each day or shift on which the employee is employed.

11.3 A daily hire employee may be required by the employer to work no less than 7.6 ordinary hours for each day they are employed.

11.4 A part-time daily hire employee may be required by the employer to work no less than 4 consecutive hours for each day they are employed.

11.5 Notwithstanding the termination of employment at the end of each day or shift, the engagement of a daily hire employee or part-time daily hire employee will continue until the engagement is terminated.

11.6 Engagement may be terminated by notice on either side as from the end of the ordinary working hours on the day or shift on which notice is given or at any later time specified by the notice.

11.7 An employee who terminates their engagement as from a time prior to the end of the ordinary working hours on any day or shift without having given the notice in accordance with clause 11.6 will not be entitled to payment in respect of any time actually worked on that day or shift.

11.8 A part-time daily hire employee will receive for the hours worked, on a pro rata basis, equivalent pay and conditions to those of daily hire employees who perform the same work.

11.9 In consideration of the rights conferred, a daily hire employee or a part-time daily hire employee will attend and offer for employment at the normal or other place specified by the employer at the usual starting time on each ordinary day unless notified on a particular day they are not required to attend.

11.10 Daily hire loading

For each day worked, a daily hire employee must be paid:

(a) the daily rate of 20% of the minimum weekly rate; and

(b) a loading of 10% of the daily rate,

for the classification in which they are employed.

[11.11 inserted by PR733854 from 27Sep21]

11.11 If a daily hire employee falls within the definition of ‘casual employee’ in clause 2, the employee shall have an entitlement under this award to the following NES benefits as if the employee was not a casual employee:

(a) Annual leave as provided for in Division 6 of Part 2-2 of the Act (despite clause 25.1 of this award);

(b) Paid personal/carer’s leave as provided for in Subdivision A of Division 7 of Part 2-2 of the Act;

(c) Public holidays as provided for in Division 10 of Part 2-2 of the Act; and

(d) Redundancy pay as provided for in Subdivision B of Division 11 of Part 2-2 of the Act.

34. Dispute resolution

[Varied by PR763258, PR777289, PR778027]

34.1 Clause 34 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

34.2 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.

34.3 If the dispute is not resolved through discussion as mentioned in clause 34.2, 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.

34.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 34.2 and 34.3, a party to the dispute may refer it to the Fair Work Commission.

34.5 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.

34.6 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.

34.7 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 34.

34.8 While procedures are being followed under clause 34 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.

34.9 Clause 34.8 is subject to any applicable work health and safety legislation.

[Note 1 and Note 2 inserted by PR763258; deleted by PR778027 from 26Aug24]

[Note inserted by PR778027 from 26Aug24; varied by PR777289 from 27Aug24]

NOTE: In addition to clause 34, 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 8—Termination of Employment and Redundancy