Casual employment

TAFE teaching staff

(extract from the Victorian TAFE Teaching Staff Multi-Business Agreement 2009)

13. Casual employment

13.1. A teacher may only be employed on a casual basis where the work to be performed is of an irregular nature or for a short period of time

13.2. For the purposes of clause 13.1, ‘a short period of time’ means:

13.2.1. Where the purpose of the casual employment is to replace a teacher on approved leave, for up to 30 days. A casual teacher in this circumstance may be required to take the full allocation of teaching duties of the teacher being replaced; or

13.2.2. The work to be performed does not exceed 8 hours per week or, by mutual consent, up to a maximum of 21 hours in any 1 week, to a maximum of 720 hours per year providing that the maximum of 21 hours per week may be exceeded by mutual agreement subject to no Employee exceeding 40 hours in a two week roster period.

13.3. A casual teacher shall be paid the appropriate rate as set out in Schedule 1. The teaching duty hour rate is inclusive of preparation and correction.

13.4. Where an Employer considers it desirable for a casual teacher to attend meetings or to attend professional development sessions, these hours shall not be included in the 720 hrs maximum referred to in sub-clause 13.2.2 above provided the teacher is paid at the rate prescribed by this Agreement.

13.5. Clauses 23, 24, 25 and 26 do not apply to casual Employees.

13.6. The allocation of duties for a casual teacher will be consistent with clause 16.3 and 16.4 of this Agreement.

Conversion from casual to non-casual employment

General

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

13.8 Upon appointment, the employer shall 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 of this agreement shall be made available to such employees.

13.9 The employer shall also take reasonable steps from time to time to inform casual employees of the conversion provisions of this agreement.

13.10 An eligible casual employee may apply in writing for conversion to non-casual employment in accordance with the conversion provisions of this agreement.

13.11 The ICC as described in Clause 9 will monitor the implementation of this clause. To facilitate this monitoring, the employer shall provide to the ICC relevant data no less frequently than 12 months.

Eligibility for conversion

13.12 To be eligible to apply for conversion, a casual employee must be employed on a regular and systematic basis in the same or a similar and identically classified position in the same department (or equivalent), 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.

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

(a) affect the employee's eligibility for conversion;

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

Application for conversion

13.14 The employer 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:

(a) the employee is a student, or has recently been a student, other than where her/his status as a student is irrelevant to his/her engagement and the work required ;

(b) the employee is a genuine retiree;

(c) 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);

(d) the employee has a primary occupation with the employer or elsewhere, either as an employee or as a self-employed person;

(e) the employee does not meet the essential requirements of the position; or

(f) the work is ad hoc, intermittent, unpredictable or involves hours that are irregular.

Offer of non-casual employment

13.15 The employer must determine an application for conversion either by offering conversion to non-casual employment or by rejecting the application. If the employer rejects the application, it must provide written reasons for rejecting it. If the application is accepted, the employee will be offered a non-casual position.

13.16 Conversion may be to either an ongoing or fixed term appointment in accordance with clause 13 of the Award [AP816514]. The offer of conversion shall indicate the hours and pattern of work which, subject to due consideration of the employer'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 employee's casual engagement. The conversion offer shall also constitute (and include such other details as are required for) an instrument of engagement under clause 12 of this Agreement.

13.17 Employees converted under this clause will not have their casual service count as service for the purpose of calculating any other existing entitlements except for:

(a) long service leave, in so far as the casual service with the employer would count for the purposes of any qualifying period for long service leave, but would not give rise to any paid leave entitlement in respect of that casual service; and

(b) any applicable unpaid parental leave; and

(c) Subject to meeting the qualification requirements of Schedule 5 and clauses 19.3.1 and 19.3.2 of this Agreement, where a casual employee is converted to a fixed term or ongoing position by the employer each 400TDH casual prior service with the employer shall be recognised as one increment when establishing the commencing salary.

Further applications

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

(a) that rejection is solely based upon the ground set out in 13.14 (c); and

(b) that ground ceased to apply.