RMIT University Academic and Professional Staff Enterprise Agreement 2014


12. Seasonal employment, part-year employment & annualized hours employment

12.1

This clause applies to professional staff converted from casual employment to seasonal employment, and to part-year or annualised hours of work in accordance with clause 62 of this Agreement.

12.2 Seasonal Employees or Part-Year Employees\

(a) Seasonal Employees or Part-Year Employees are employees appointed on a continuing or fixed term basis to work one or more periods or seasons in each year (which may be a calendar year), as identified by RMIT consistent with clause 62 of the Agreement, or as subsequently varied by individual agreement with the Seasonal Employee or Part-Year Employee.

(b) During the periods of the calendar year that the employee is not required to perform work, the employee's employment contract will continue. However, with the exception of periods of approved paid leave, the employee will be deemed to be stood down without pay for such periods. Such periods will not count as service for any purpose, but will not break the continuity of service.

(c) In respect of the periods or seasons of work for which they are engaged, part year or seasonal employees will be paid on the same basis as comparable full-time or part-time continuing employees, as the case may be.

(d) Annual leave, long service leave and sick leave will accrue during hours worked. Leave, other than annual leave and long service leave, will only be available to the employee during the periods or seasons of work for which the Seasonal Employees or Part-Year Employees are engaged. The timing of taking annual leave and long service leave will be determined by RMIT, in consultation with the employee.

(e) Seasonal Employees and Part-Year Employees will be entitled to the benefit of all public holidays that fall on days on which the employee would normally work during the part or parts of the year or season, or seasons that the employee is engaged to work.

(f) In the event that the employment of a Seasonal Employee or Part-Year Employee ceases, for whatever reason, and the employee has received a payment (howsoever described) in respect of work or hours which are not then worked by the employee, that payment will be repaid by the employee to RMIT as at the date of termination. RMIT may off-set any such amounts against any entitlements owing to the employee at the time of termination.

12.3 Annualised Hours Employees

(a) "Annualised Hours Employees” are employees engaged on a continuing or fixed term basis for a specific number of ordinary hours within any one year (which may be a calendar year) consistent with clause 62 of this Agreement or as subsequently varied by agreement with the Annualised Hours Employee.

(b) Subject to the terms of engagement, the time and manner in which the annual ordinary hours are rostered over the period of the year is at the discretion of RMIT and can be rostered over a period of less than 52 weeks.

(c) For the purposes of payment, the total number of nominated annual hours will be averaged to provide the payment of salary on a fortnightly basis.

(d) Annualised Hours Employees are entitled to receive the leave entitlements of a full-time employee on a proportional basis determined by the number of annualised ordinary hours required to be worked by the employee within the year. The timing of taking annual leave and long service leave will be determined by RMIT, in consultation with the employee.

(e) Annualised Hours Employees are entitled to the benefit of all public holidays that fall during periods for which they are rostered to work.

(f) Annualised Hours Employees are eligible for overtime in the same manner as full-time employees. In respect of such overtime hours, those overtime hours are in addition to the annualised ordinary hours for which the employee is engaged. There is no accrual of leave entitlements (howsoever described) in respect of overtime hours.

(g) Where in any year, an Annualised Hours Employee works in excess of the number of ordinary hours in the year for which he/she is engaged, the payment for the additional ordinary hours will be made in the first available pay period following receipt of a valid claim. Any additional ordinary hours worked will be taken into account in the calculation of leave entitlements.

(h) In the event that the number of annualised ordinary hours for which the employee is engaged is altered by agreement then the University and the Annualised Hours Employee will ensure that from the date such change takes effect, appropriate reconciliation arrangements in respect of pay and hours have been made.

(i) In the event that the employment of an Annualised Hours Employee ceases, for whatever reason, a reconciliation of the ordinary hours worked and the payments (howsoever described) paid to the employee will be performed.

(j) If the employee has received a payment (howsoever described) in respect of work or hours which are not then worked by the employee, then that payment will be repaid by the employee to RMIT as at the date of termination. RMIT may off-set any such amounts against any entitlements owing to the employee.

(k) If an employee has performed work for which he/she has not yet received pay by RMIT, then RMIT will pay to the employee such amount as at the date of termination..

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