Schedule 6 – Conversion From Casual To Non-Casual Employment

  1. Professional staff collective agreement
    1. An employee must not be engaged and re-engaged nor have his/her hours reduced in order to avoid any obligation under this Schedule.
    2. Upon appointment, the University will advise a casual employee that, after serving qualifying periods, they may have a right to apply, in writing, for conversion.
    3. The University will also take reasonable steps from time to time to inform casual employees of the conversion provisions of this Agreement.
    4. Eligibility for conversion

      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:

      1. over the immediately preceding period of twelve months, and in those immediately preceding twelve 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
      2. over the immediately preceding period of at least 24 months.
    5. For the purposes of this Schedule, occasional and short-term work performed by the employee in another classification, job or department will not:
      1. affect the employee's eligibility for conversion;
      2. be included in determining whether the employee meets or does not meet the eligibility requirements.
    6. The University will not unreasonably refuse an application for conversion. However, it may refuse an application on reasonable grounds, including, but not limited to, the following:
      1. the employee is a student, or has recently been a student, other than where the employee’s status as a student is irrelevant to his/her engagement and the work required;
      2. the employee is a genuine retiree;
      3. 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);
      4. the employee has a primary occupation with the University or elsewhere, either as a employee or as a self-employed person;
      5. the employee does not meet the essential requirements of the position; or
      6. the work is ad hoc, intermittent, unpredictable or involves hours that are irregular.
    7. The University must 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 must provide written reasons for rejecting it. If the application is accepted, the employee will be offered a non-casual position.
    8. Conversion may be to either a continuing appointment or to a fixed-term appointment. The offer of conversion will 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, will be consistent with the employee’s casual engagement. The conversion offer will also constitute (and include such other details as are required for) an instrument of engagement under clause 10 of this Agreement.
    9. 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, or otherwise by agreement between the employee and the University.
    10. Employees converted under this Schedule will not have their casual service count as service for the purpose of calculating any other existing entitlements except for:
      1. long service leave, if, at the time of conversion, the University provides casual employees with an entitlement to long service leave. In such a case casual service with the University 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
      2. any applicable unpaid parental leave.
    11. An employee whose application for conversion is rejected will not be entitled to apply again within twelve months except where:
      1. that rejection is solely based upon the ground set out in clause 6.6.3 of this Schedule; and
      2. that ground ceased to apply.
    12. A dispute arising from the application of this clause will be dealt with in accordance with the dispute procedures set out in clause 61 of this Agreement.
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