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Schedule G - Conversion process for casual staff
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Schedule G - Conversion process for casual staff
1 A casual employee may, subject to the provisions of this sub-clause, be entitled to have his or her appointment converted to a non-casual appointment.
2 Eligibility
2.1 A casual employee will be eligible to apply to have his or her employment converted to a non-casual appointment if he or she has been employed on a regular and systematic basis in the same or a similar and identically classified position in the same department (or equivalent), either:
2.1.1 over the immediately preceding period of 12 months and in those immediately preceding twelve months the average weekly hours worked equaled at least 50% of the ordinary weekly hours that would have been worked by an equivalent full-time employee; or
2.1.2 over the immediately preceding period of at least 24 months.
2.2 For the purposes of this Schedule, occasional and short term work performed by the employee in another classification, job or department (or equivalent) shall not:
2.2.1 affect the employee's eligibility for conversion;
2.2.2 be included in determining whether the employee meets or does not meet the eligibility requirements.
2.3 An employee must not be engaged and re-engaged nor have his or her hours reduced in order to avoid any obligation under this Schedule.
3 Refusal to convert
3.1 The University must 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:
3.1.1 the employee is not, in accordance with sub-clause 2, eligible to apply for conversion;
3.1.2 the employee is a student, or has recently been a student, other than where his or her status as a student is irrelevant to his or her engagement and the work required;
3.1.3 the employee is a genuine retiree;
3.1.4 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);
3.1.5 the employee has a primary occupation with the University or elsewhere, either as an employee or as a self-employed person;
3.1.6 the employee does not meet the essential requirements of the position; or
3.1.7 the work is ad hoc, intermittent, unpredictable or involves hours that are irregular.
3.2 Whether there are reasonable grounds to refuse conversion will depend entirety upon the circumstances in each particular case.
4 Conversion to Non-Casual Employment
4.1 Subject to subclause 4.3, clause 12 – Contract of Service and Schedule F – Categories of Employment, conversion may be:
4.1.1 to a standard appointment or to a fixed-term appointment; and
4.1.2 on a full time basis or a part-time basis.
4.2 The non-casual appointment will, subject to due consideration of the University’s operational requirements and the desirability of offering the employee work which is regular and continuous, be as consistent as is reasonably practicable with the pattern of work undertaken by the employee during his or her casual appointment.
4.2.1 Subject to this clause, the employee’s casual service will not count as service for the purpose of determining or calculating any entitlements except that casual service will be counted for the purpose of determining eligibility for unpaid parental leave in accordance with clause 43 – Parental Leave.
5 Procedures
5.1 Subject to parts 2.1 and 2.2 of this schedule, the employee may apply to the University for conversion of his or her casual appointment to a standard or fixed term appointment.
5.2 The employee’s application for conversion must be in writing.
5.3 The University must decide to either:
5.3.1 accept the application and offer the employee a non-casual appointment; or
5.3.2 reject the application.
5.4 The offer of conversion will constitute an offer of a contract of employment and will be consistent with clause 12 – Contract of Service of the Agreement.
5.5 If the University rejects the application, it must provide the employee with written reasons for rejecting it.
5.6 A employee whose application for conversion has been rejected may seek a review of the decision under clause 53 – Dispute Settling Procedures within 10 working days of the written notification of rejection.
5.7 A employee whose application for conversion is rejected is not entitled to apply again within 12 months if:
5.7.1 the employee has not sought a review of the decision within 10 working days of notification of the rejection of the application for conversion; or
5.7.2 following the processes provided for in clause 53 – Dispute Settling Procedures the decision has been upheld.
5.8 Part 5.7 of this schedule applies except that a employee may apply again within 12 months if:
5.8.1 the initial rejection was solely based upon the ground set out in 3.1.4; and
5.8.2 that ground ceases to apply.
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