RMIT University Academic and Professional Staff Enterprise Agreement 2014


62. Conversion process for eligible casual professional employees

62.1

An employee must not be engaged and re-engaged nor have her or his hours reduced in order to avoid any obligation under this clause.

62.2

Upon appointment, the University will advise a casual employee that, after serving qualifying periods, casual employees may have a right to apply for conversion and a copy of the conversion provisions will be made available to such employees.

62.3

To be eligible to apply for conversion to either continuing or limited term employment, a casual employee must be employed on a regular and systematic basis in the same or a substantially similar position in the same work unit either:

(a) over the immediately preceding period of 12 months, and in those immediately preceding 12 months the average weekly hours worked equalled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time employee; or

(b) over the immediately preceding period of at least 24 months.

62.4

For the purposes of this clause, occasional and short-term work performed by the employee in another classification, job or work unit will not:

(a) affect the employee’s eligibility for conversion; or

(b) be included in determining whether the employee meets or does not meet the eligibility requirements for conversion.

62.5

For the purposes of this clause, a ‘work unit’ refers to an organisational unit with control over the appointment and deployment of casual professional staff within that unit (e.g. School/Department/Administrative Group). It will not include a larger organisational unit constituted by the aggregation of other such units.

62.6

A casual employee may apply in writing when she/he meets the conversion criteria described in clause 62.3 above. The University may refuse a formal application for conversion on reasonable grounds.

62.7

The University must determine an application for conversion either by offering conversion to continuing or fixed term employment, or by rejecting the application. If the University rejects the application, it must provide written reasons for rejecting it.

62.8

Conversion may be, but is not required to be, to part-year, annualised hours or seasonal employment. Conversion of a casual employee to part-year, annualised hours or seasonal employment may occur where, by custom and practice, the work has been performed by casual employees on such a basis.

62.9

The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of RMIT’s operational requirements and the desirability of offering the employee work which is as regular and continuous as is reasonably practicable, will be consistent with the employee’s casual engagement. Conversion of the employee will occur at the classification level of the position/role. The offer of conversion will constitute an instrument of engagement and include the terms of engagement stipulated in clause 13.

62.10

An employee whose application for conversion is rejected will not be entitled to apply again within 12 months except where:

(a) that rejection is solely based on the ground that 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 receipt of the casual employee’s application for conversion); and

(b) that ground ceased to apply.

[Next: Supporting documents]