12. Casual Employment

12.1

This clause will only apply to those employees whose conditions of employment are not otherwise included in another industrial instrument.

12.2 Hours of Work

  1. A casual employee is engaged and paid on an hourly basis.
  2. A casual employee will be engaged and paid for a minimum of 3 consecutive hours for each day worked.
  3. A casual employee shall not work more than 9 consecutive hours per day (exclusive of meal breaks) without the payment of overtime for such time in excess of 9 hours, except where longer periods are permitted under another award or local agreement under clause 10 of this award, covering the particular class of work or are required by the usual work pattern of the position.

12.3 Rate of Pay

  1. Casual employee shall be paid the ordinary hourly rate of pay calculated by the following formula for the hours worked per day: 
    Annual salary divided by 52.17857 divided by the ordinary weekly hours of the classification.
  2. Casual employees shall be paid a loading on the appropriate ordinary hourly rate of pay of:
    15% for work performed on Mondays to Fridays (inclusive)
    50% for work performed on Saturdays
    75% for work performed on Sundays
    150% for work performed on public holidays.
  3. Casual employees shall also receive a 1/12th loading in lieu of annual leave.
  4. The loadings specified in paragraph 12.3.2 of this subclause are in recognition of the casual nature of the
    employment and compensate the employee for all leave, other than annual leave and long service leave, and all incidence of employment, except overtime.

12.4 Overtime

  1. Casual employees shall be paid overtime for work performed:
    1. In excess of 9 consecutive hours (excluding meal breaks) except where longer periods are permitted under another award or local agreement under clause 10 of this award, covering the particular class of work or are required by the usual work pattern of the position; or
    2. Outside the bandwidth application to the particular class of work; or
    3. In excess of the daily roster pattern applicable for the particular class of work; or
    4. In excess of the standard weekly roster of hours for the particular class of work; or
    5. In accordance with a local arrangement negotiated under clause 10 of this award.
  2. Overtime rates will be paid in accordance with the rates set in clause 90, Overtime Worked by Day Workers of this award.
  3. Overtime payments for casual employees are based on the ordinary hourly rate plus the 15% loading set out in paragraph 12.3.2 of this clause.
  4. The loading in lieu of annual leave as set out in paragraph 12.3.3 of this clause is not included in the hourly rate for the calculation of overtime payments for casual employees.

12.5 Leave

  1. Other than as described under subclauses 12.5, 12.6 and 12.7 of this clause, casual employees are not entitled to any other paid or unpaid leave.
  2. As set out in paragraph 12.3.3 of this clause, casual employees will be paid 1/12th in lieu of annual leave.
  3. Casual employees will be entitled to Long Service Leave in accordance with the provisions of the Long Service Leave Act 1955.
  4. Casual employees are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996. The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).
    1. The Department Head must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:
      1. the employee or employee's spouse is pregnant; or
      2. the employee is or has been immediately absent on parental leave.

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

12.6 Personal carers entitlement for casual employees

  1. Casual employees are entitled to not be available to attend work, or to leave work if they need to care for a family member described in paragraph 81.4.2 of clause 81, Sick Leave to Care for a Family Member of this award who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child. This entitlement is subject to the evidentiary requirements set out in paragraph 12.6.4, and the notice requirements set out in paragraph 12.6.5 of this clause.
  2. The Department Head and the casual employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
  3. A Department Head must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
  4. The casual employee shall, if required,
    1. establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or
    2. establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

      In normal circumstances, a casual employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.
  5. The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of the absence.

12.7 Bereavement entitlements for casual employees

  1. Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a family member on production of satisfactory evidence (if required by the employer).
  2. The Department Head and the casual employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
  3. A Department Head must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.
  4. The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of the absence.

12.8 Application of other clauses of this Award to casual employees

  1. The following clauses of this award do not apply to casual employees:
  2. 11 Working Hours
    16 Variation of Hours
    17 Natural Emergencies and Major Transport Disruptions
    19 Public Holidays
    20 Standard Working Hours
    21-24 relating to Flexible Working arrangements
    27 Excess Travelling Time
    28 Waiting Time
    43 Room at Home Used as Office
    44 Semi-Official Telephones
    53-59 relating to Trade Union activities
    63 Travelling and other costs of Trade Union Delegates
    67 Leave - General Provisions
    69-84 relating to the various Leave provisions
    86 Study Assistance
    87 Shift Work
    88-89 relating to Overtime
    91-92 relating to Recall to Duty, On-Call and Stand-by Arrangements
    96 Payment for Overtime or Leave in Lieu
    97 Compensation for Additional Hours Worked by Duty Officer, State Emergency Services.