BUILDING AND CONSTRUCTION INDUSTRY (STATE) AWARD
COMMISSION OF NEW SOUTH WALES
Application by Employers
First, an organisation of employers, and a State Peak Council for employers.
(No. IRC 4644 of 2003)
Before The Honourable
Justice Walton, Vice-President
30 March 2004
subclause 13.2 Casual Hands of clause 13 Employment Categories, of the award
published 31 August 2001 (327 I.G. 279), and insert in lieu thereof the
13.2.1 A casual
employee is one engaged and paid in accordance with the provisions of this
clause. A casual employee shall be
entitled to all of the applicable rates and conditions of employment prescribed
by this Award except annual leave, personal leave, parental leave, jury
service, public holidays and redundancy.
13.2.2 An employer when
engaging a person for casual employment must inform the employee in writing
that the employee is to be employed as a causal, stating by whom the employee is
employed, the job to be performed, the classification level, the actual or
likely number of hours to be worked, and the relevant rate of pay.
13.2.3 A casual
employee may be employed by a particular employer on a regular and systematic
basis for any period not exceeding six weeks.
If the employment is to continue on a regular and systematic basis
beyond six weeks the employee must then be employed pursuant to Clause 13.1 of
13.2.4 The provisions
of 13.2.3 shall not apply to a casual employee who has been engaged by a
particular employee to perform work on an occasional basis and whose work
pattern is not regular and systematic.
13.2.5 On each occasion
a casual employee is required to attend work the employee shall be entitled to
payment for a minimum of four hours’ work, plus the relevant fares and travel
allowance prescribed by Clause 38.
13.2.6 A casual
employee for working ordinary time shall be paid 125 per cent of the hourly
rate prescribed by Clause 18.1.2 for the employee’s classification.
13.2.7 A casual
employee required to work overtime or weekend work shall be entitled to the
relevant penalty rates prescribed by Clauses 29 and 31, provided that:
(a) where the
relevant penalty rate is time and a half, the employee shall be paid 175
percent of the hourly rate prescribed by Clause 18.1.2 for the employee’s
(b) where the
relevant penalty rate is double time, the employee shall be paid 225% of the
hourly rate prescribed by Clause 18.1.2 for the employee’s classification.
13.2.8 A casual
employee required to work on a public holiday prescribed by Clause 37 shall be
paid 275 per cent of the hourly rate prescribed by Clause 18.1.2 for the
13.2.9 Termination of
all casual engagements shall require one hour’s notice on either side or the
payment or forfeiture of one hour’s pay, as the case may be.
variation shall come into force on 30 March 2004 and remain in force for a
period of 12 months.
M. J. WALTON J,
the authority of the Industrial Registrar.