11. Casual employees

[Varied by PR723953, PR733892, PR777307]

[11.1 deleted by PR733892 from 27Sep21]

[11.2 renumbered as 11.1 by PR733892 from 27Sep21]

11.1 For each engagement, a casual employee must be paid for a minimum of 3 hours.

11.2 Casual loading

[11.3 substituted by PR723953 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733892 from 27Sep21]

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

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

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

(b) Where any other penalty is paid for working ordinary hours the calculation of such penalty must be based on the minimum hourly rate for the classification.

(c) The casual loading is not paid for overtime or time worked on Saturday, Sunday or a public holiday.

11.3 Changes to casual employment status

[11.4 renumbered as 11.3 and renamed and substituted by PR733892 from 27Sep21; renamed and substituted by PR777307 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 29—Dispute resolution.

29. Dispute resolution

[Varied by PR763279, PR777307, PR778047]

29.1 Clause 29 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

29.2 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.

29.3 If the dispute is not resolved through discussion as mentioned in clause 29.2, 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.

29.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 29.2 and 29.3, a party to the dispute may refer it to the Fair Work Commission.

29.5 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.

29.6 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.

29.7 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 29.

29.8 While procedures are being followed under clause 29 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.

29.9 Clause 29.8 is subject to any applicable work health and safety legislation.

[Note 1 and Note 2 inserted by PR763279; deleted by PR778047 from 26Aug24]

[Note inserted by PR778047 from 26Aug24; varied by PR777307 from 27Aug24]

NOTE: In addition to clause 29, 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