Crown Employees (Parliament House Conditions of Employment) Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Legislative Council.

 

(No. IRC 317 of 2009)

 

 

VARIATION

 

1.        Insert in numerical order in clause 1. Arrangement of the award published 9 May 2008 (365 I.G. 1337), the following new clause number and subject matter:

 

54.      Casual Employment

 

2.        Insert after clause 53, Secure Employment, the following new clause:

 

54.  Casual Employment

 

This clause will only apply to those employees whose conditions of employment are not otherwise included in another industrial instrument.

 

(i)       Hours of Work

 

(a)      A casual employee is engaged and paid on an hourly basis.

 

(b)      A casual employee will be engaged and paid for a minimum of 3 consecutive hours for each day worked.

 

(c)      A casual employee shall not work more than 9 consecutive hours per day (exclusive of meal breaks) without the payment of overtime for such time in excess of 9 hours, except where longer periods are permitted under another award or local agreement under clause 5 of this Award, covering the particular class of work or are required by the usual work pattern of the position.

 

(ii)       Rate of Pay

 

(a)      Casual employee shall be paid the ordinary hourly rate of pay calculated by the following formula for the hours worked per day:

 

Annual salary divided by 52.17857 divided by the ordinary weekly hours of the classification.

 

(b)      Casual employees shall be paid a loading on the appropriate ordinary hourly rate of pay of:

 

15% for work performed on Mondays to Fridays (inclusive)

 

50% for work performed on Saturdays

 

75% for work performed on Sundays

 

150% for work performed on public holidays.

 

(c)      Casual employees shall also receive a 1/12th loading in lieu of annual leave.

 

(d)      The loadings specified in paragraph (ii)(b) of this clause are in recognition of the casual nature of the employment and compensate the employee for all leave, other than annual leave and long service leave, and all incidence of employment, except overtime.

 

(iii)      Overtime

 

(a)      Casual employees shall be paid overtime for work performed:

 

(1)      In excess of 9 consecutive hours (excluding meal breaks) except where longer periods are permitted under another award or local agreement under clause 5 of this Award, covering the particular class of work or are required by the usual work pattern of the position; or

 

(2)      Outside the bandwidth application to the particular class of work; or

 

(3)      In excess of the daily roster pattern applicable for the particular class of work; or

 

(4)      In excess of the standard weekly roster of hours for the particular class of work; or

 

(5)      In accordance with a local arrangement negotiated under clause 5 of this Award.

 

(b)      Overtime rates will be paid in accordance with the rates set in clause 48, Overtime of this Award.

 

(c)      Overtime payments for casual employees are based on the ordinary hourly rate plus the 15% loading set out in paragraph (ii)(b) of this clause.

 

(d)      The loading in lieu of annual leave as set out in paragraph (ii)(c) of this clause is not included in the hourly rate for the calculation of overtime payments for casual employees.

 

(iv)      The following clauses of this award do not apply to casual employees:

 

4	Terms of Employment
8	Public Holidays
9	Standard Working Hours
10	Flexible Working Hours scheme
11	38 Hour Week Workers - Rostered Days Off
20	Semi Official Telephones
28	Leave - General
30-43	Relating to the various leave provisions

 

3.        This variation shall take effect from 11 March 2009.

 

 

 

I. W. CAMBRIDGE, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.