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)
Before Commissioner
Cambridge
|
22 May 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
____________________
Printed by
the authority of the Industrial Registrar.