Chapter 6.3.5 – Employment of Casual Staff

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Purpose

This policy has been developed to support the casual engagement of employees for the company. Its purpose is to clarify the conditions that relate to the employment of casual staff and the procedures for employing casual staff. This policy is also intended to inform casual staff members of their entitlements and obligations to our company.

Scope

This policy applies to all our company employees who are employed on a casual basis; including contractors, apprentices/trainees, volunteers and labour-hire personnel.

Policy Statement

The employment of casual staff is employed on a non-continuing basis for which payment is made at an hourly rate. Casual employment provides a mechanism for our company to engage staff on a casual basis to meet its needs during peak work periods, for identified tasks, and/or, to cover short-term absences. The employment of casual staff will be in accordance with the provisions set out in this policy.

Approval to Fill a Position

The nominated supervisor initiates the appointment of a casual staff member by completing the Approval to Fill a Casual Staff Position form. The Approval to Fill a Casual Staff Position form must be authorised and forwarded to the Human Resources Manager.

Offer of Appointment

The offer of appointment informs the staff member of the terms of engagement including the duties required, the number of hours required, the rate of pay for each class of duty required, and a statement that payment will be made for any additional duties required during the term of the engagement.

All casual staff are required to formally accept the offer of employment, in writing, prior to commencing work at our company. The offer of appointment includes provision for the staff member’s acceptance, and instructions for the staff member to return their acceptance to Human Resources.

Casual Staff Employment Kit

The offer of employment to a prospective casual staff member is accompanied by the ‘Casual Staff Employment Kit’. The Kit is sent to the staff member by Human Resources. The Kit may be provided either in hard copy or electronically.

The Casual Staff Employment Kit includes, but is not limited to:

  • The offer of Casual Staff Employment
  • Company Induction appointment
  • Company Induction Guide
  • General Information
  • Mission Statement
  • Code of Conduct
  • Induction Checklist
  • Privacy Statement
  • Brochure/Policy & Procedures for Complaints of Sexual Harassment
  • Equal Opportunity Policy
  • Fair Work Australia Information Statement
  • Occupational Health and Safety Policy
  • Tax File Number Declaration
  • Payment Record form
  • Calendar of Pay Periods

The contents of the Kit may vary from time to time according to legislative and other requirements that apply to the employment of casual staff.

Remuneration and Minimum Engagement

All casual employees will be paid an hourly rate which is the ordinary rate per hour derived from the annual rates set out at our company for payment to employees with a loading of 25%. The loading is in compensation for the casual nature of the appointment and all paid leave entitlements including personal leave, public holidays, annual leave and annual leave loading.

The minimum engagement for casual employees is 3 hours.

Overtime

All overtime worked must be authorised by the delegated supervisor prior to the commencement of the overtime. Up to 35 hours per week worked by a casual employee will be paid at ordinary rates. When calculating payment for overtime worked, the salary does not include the casual loading.

Overtime which has not been authorised prior to the overtime being undertaken may not be paid as overtime. Casual employees may be required to work flexible working arrangements (weekends).

Payment Record

All Casual employees are required to complete and submit a fortnightly timesheet to record the number of hours worked, including their daily start and finishing times. Nominated supervisors are required to ensure that a timesheet:

  • is completed each fortnight;
  • accurately details the hours worked; and
  • is completed and submitted via Staff Connect on a fortnightly basis. The Records will be stored by Human Resources in a safe and secure location for a period of 7 years as required by the Act. The timesheet can only be processed if the staff member has a current contract of employment covering the period being claimed, and if the correctly completed and authorised timesheet is received by the nominated cut off dates as notified by Human Resources.

Induction

The induction and orientation process for new staff at our company provides a mechanism for introducing new staff members to their role and responsibilities and to the organisation’s Mission so that they become integrated into our company as quickly as possible.

Casual staff who commence employment with our company for the first time and who will be engaged, for a period of greater than one month, shall be required to participate in an induction programme, subject to the provisions of the Staff Induction and Orientation Policy. The responsibility for successful induction is shared between the nominated supervisor and the commencing staff member.

Meal Breaks

A casual staff member will not be required to work for more than five consecutive hours, without taking an unpaid meal break of at least 30 minutes. Time taken as a meal break is not paid for as it is not counted as time worked.

Notice Periods – Termination of Casual Employment

A casual staff member is required to give a minimum of one hour’s notice of separation from employment with our company. The company may terminate the employment of a casual staff member by giving two hour’s notice.

Superannuation for Casual Employees

The management of superannuation contributions for all staff is subject to the provisions of the Superannuation Guarantee Administration Act and our company’s Superannuation Policy. Our company makes contributions of the minimum required superannuation guarantee rate to [insert super fund name] on behalf of casual employees.

Leave Provisions for Casual Employees (unpaid Personal/Carer’s Leave for Casual Employees)

A casual employee is entitled to a period of up to 2 days unpaid Personal/Carer’s leave for each permissible occasion when a member of the staff member’s immediate family or household requires care or support during such a period because of:

  • a personal illness or injury, or
  • an unexpected emergency,

Immediate family means a:

  • spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the staff member;
  • a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the staff member.
  • A casual employee is required to give the nominated supervisor advice of their absence from the workplace as soon as possible in order for alternative arrangements to be made.

Unpaid Compassionate Leave

For the purposes of eligibility for unpaid parental leave, an eligible casual is:

  • a person who has been employed as a casual on a regular and systematic basis for a sequence of periods of employment for a period of at least 12 months and who, but for the expected birth or placement of a child, would have a reasonable expectation of continuing engagement on a regular and systematic basis.

Conversion from Casual to Full-time/Permanent Employment

Our company will issue advice to casual employees after serving qualifying periods. A copy of the conversion provisions of this policy will be made available to such staff. Our company will, from time to time, take reasonable steps to inform casual employee of the conversion provisions. A staff member must not be engaged and re-engaged nor have his or her hours reduced in order to avoid any obligation under this policy. An eligible casual staff member may apply in writing to his or her nominated supervisor for conversion to non-casual employment in accordance with these policy provisions.

Eligibility for conversion

To be eligible to apply for conversion, a casual staff member must be employed on a regular and systematic basis in the same or a similar and identically classified position in the same functional unit (or equivalent), either:

  • over the immediately preceding period of twelve months and in those immediately preceding twelve months the average weekly hours worked equalled at least 50 per cent of the ordinary weekly hours that would have been worked by an equivalent full-time staff member; or,
  • over the immediately preceding period of at least 24 months.

Conditions for Conversion:

  • Our company will determine an application for conversion either by offering conversion to non-casual employment or by declining the application. If our company declines the application, it will provide written reasons for doing so. If the application is accepted, the staff member will be offered either a continuing appointment or a fixed-term appointment.
  • Our company shall not unreasonably refuse an application for conversion. However, it may refuse an application on reasonable grounds.

Reasonable grounds include, but are not limited to, the following:

  • the staff member is a genuine retiree;
  • 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);
  • the employee has a primary occupation with our company or elsewhere, either as a staff member or as a self-employed person;
  • the staff member does not meet the essential requirements of the position; or,
  • the work is ad hoc, intermittent, unpredictable or involves hours that are irregular.

A staff member whose application for conversion is rejected is not entitled to apply again within twelve months except where:

  • that ground has ceased to apply.

An offer of conversion will indicate the hours and pattern of work which, subject to due consideration of our company’s operational requirements and the desirability of offering the employee work which is as regular and continuous as is reasonably practicable, shall be consistent with the staff member’s casual engagement. The offer of conversion will constitute and include such other details as are required for, an offer of appointment.

Conversion may be but is not required to be, part-year or annualised hours employment according to the requirements of the organisation.

Application for Conversion

An application for conversion must be submitted in writing by the casual employee for the consideration of the appropriately delegated officer.

The HR Manager considers the application for conversion and then makes a written recommendation to the CEO, specifying whether the conversion is supported or not and the reasons for the recommendation.

The CEO assesses the recommendation and determines whether the request for conversion is approved or declined. The CEO advises Human Resources accordingly.

Human Resources advises the staff member of the outcome of their application for conversion.

Approvals

The engagement of casual staff and approval of any request for unpaid leave from a casual staff member must be approved by the delegated officer. Information on delegated officers is available in the relevant Delegations of Authority Policy & Register.

Documentation

  • Casual Staff Employment Kit
  • Employee Induction Register
  • Company leave form
  • Employment Conversion Application