Schedule 4 - Part-year, Seasonal and Annualised Hours Terms

Applications for conversion as referred to in clause 19 of the Agreement will be dealt with in accordance with this Schedule 4.

1. Conversion

Eligibility for conversion

1.1. 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 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 staff member; or

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

1.2. For the purposes of this clause occasional and short-term work performed by the casual staff member in another classification, job or department will not:

(a) affect the casual staff member's eligibility for conversion; or

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

1.3. The University will consider an application for conversion. The University may 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 casual staff member 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 casual staff member is a genuine retiree;

(c) the casual staff member is performing work which will either cease to be required or will be performed by a non-casual staff member, within 26 weeks (from the date of application);

(d) the casual staff member has a primary occupation with the University or elsewhere, either as a staff member or as a self-employed person;

(e) the casual staff member does not meet the essential requirements of the position; or

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

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

1.5. Conversion may be to either a continuing appointment or to a fixed-term appointment consistent with clause 18 of the Agreement. The offer of conversion will indicate the hours and pattern of work which, subject to due consideration of the University's operational requirements and the desirability of offering the casual staff member work which is as regular and continuous as is reasonably practicable, will be consistent with the staff member's casual engagement.

1.6. Conversion may be, but is not required to be, to part-year, annualised hours or seasonal employment as provided under this Schedule. Conversion of a casual staff member to part-year, annualised hours or seasonal employment may occur where by custom and practice the work has been performed by casual staff members on such a basis, or otherwise by agreement by the University and affected staff members.

1.7. Subject to clause 38.8 of this Agreement, casual staff members converted under this clause will not have their casual service count as service for the purpose of calculating any other existing entitlements.

1.8. A casual staff member whose application for conversion is rejected will not be entitled to apply again within 12 months except where:

(a) that rejection is solely based upon the ground set out in 1.3(c) above; and

(b) that ground ceased to apply.

1.9. A dispute arising from the application of this clause will be dealt with in accordance with the dispute procedures set out in clause 12 of the Agreement.

2. Seasonal, Part-year, or Annualised Hours of Employment

Application

2.1 The terms and conditions in this Schedule apply to staff converted from casual employment to "Seasonal", "Part-Year" or "Annualised Hours" employment in accordance with this Schedule. To the extent of any inconsistency between provisions contained elsewhere in this Agreement and the provisions of this Schedule, the provisions of this Schedule will prevail.

"Seasonal" or "Part-Year" Staff Members

Definitions

2.2 "Seasonal" or "Part-Year" staff members are persons appointed as such, 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 offered by the University consistent with this Schedule, or as subsequently varied by agreement with the Seasonal or Part-Year Staff Member.

2.3 During the periods of the calendar year that the staff member is not required to perform work, the staff member's employment contract will continue. However, with the exception of periods of approved paid leave, the staff member 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.

Accrual of Pay

2.4 In respect of the periods or seasons of work for which they are engaged, Part-Year or Seasonal staff members will be paid on the same basis as comparable full-time or part-time continuing staff members, as the case may be.

Accrual of and Entitlement to Take Leave

2.5 Leave, including annual leave, long service leave and personal leave will accrue during hours worked. Leave, other than annual leave and long service leave, will only be available to the staff members during the periods or seasons of work for which the Part- Year or Seasonal Staff Members are engaged. The timing of taking annual leave and long service leave will be determined by the University, in consultation with the staff member.

University Holidays

2.6 Part-year and seasonal staff members will be entitled to the benefit of all holidays observed by the University that fall on days on which the staff member would normally work during the part or parts of the year or season or seasons that the staff member is engaged to work.

Termination of Employment

2.7 In the event that the employment of a part-year or seasonal staff member ceases, for whatever reason, and the staff member has received a payment (howsoever described) in respect of work or hours which are not then worked by the staff member, that payment will be repaid by the staff member to the University as at the date of termination. The University may off-set any such amounts against any entitlements owing to the staff member.

"Annualised Hours" Staff Members

Definitions

2.8 An Annualised Hours Staff Member is a staff member engaged as such on a continuing or fixed term basis for a specific number of ordinary hours within any one calendar year as offered by the University, consistent with clause 16, or as subsequently varied by agreement with the Annualised Hours Staff member.

2.9 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 the University and can be rostered over a period of less than 52 weeks.

Accrual of Pay

2.10 For the purposes of payment, the total number of nominated annual hours will be averaged to a fortnightly salary.

Leave Entitlements

2.11 Annualised Hours Staff Members will be entitled to receive the leave entitlements of a full-time staff member on a proportional basis determined by the number of annualised ordinary hours required to be worked by the staff member within the year. The timing of taking annual leave and long service leave will be determined by the University, in consultation with the staff member.

University Holidays

2.12 Annualised Hours Staff Members will be entitled to the benefit of all holidays observed by the University that fall during periods for which they are rostered to work.

Overtime

2.13 Annualised Hours Staff Members will be eligible for overtime in the same manner as full-time staff members. In respect of such overtime hours, those overtime hours are additional to the annualised ordinary hours for which the staff member is engaged. There is no accrual of leave entitlements (howsoever described) in respect of overtime hours.

Additional Hours

2.14 Where in any year, an Annualised Hours Staff Member 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.

Alteration of Annual Hours

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

Termination of Employment

2.16 In the event that the employment of an Annualised Hours Staff Member ceases, for whatever reason, a reconciliation of the ordinary hours worked and the payments (howsoever described) paid to the staff member, will be performed and:

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

(b) If a staff member has performed work for which he/she has not yet received pay by the University, the University will pay to the staff member such amount as at the date of termination.