AN170096 – Silviculture and Afforestation Award

AN170096 – Silviculture and Afforestation Award

PART II - EMPLOYMENT RELATIONSHIP AND ASSOCIATED MATTERS

1. CONTRACT OF EMPLOYMENT

(a) Weekly Employment

Except as provided in subclause (b) hereof employment shall be by the week. An employee not specifically engaged as a casual shall be deemed to be employed by the week.

(b) Casual Employment

(i) A casual employee is one engaged and paid as such.

(ii) A casual employee for working ordinary time shall be paid per hour 1/38 of the actual weekly rate prescribed in Part III - Wage Rates and Related Matters, Clause 1 - Wage Rates of this award for the work performed, plus 20%.

(iii) A casual employee shall not be entitled to the annual leave, sick leave and public holidays prescribed by this award.

(iv) ‘Casual Employee’ means any person who is engaged on an irregular basis to perform specific task(s) over a defined time period. At the completion of such period and or task(s) the contract of employment shall deemed to be terminated.

(v) Casual Employees shall be engaged for a minimum period of 3 hours per day.

(i) An employee may be engaged to work on a part-time basis involving a regular pattern of hours which shall average less than 38 hours per week.

(ii) (1) Before commencing part-time employment, the employee and employer must agree:

(A) Upon the hours to be worked by the employee, the number of days in each week which they will be worked and the commencing and finishing times for the work.

(B) Upon the relevant classification applying to the work to be performed in accordance with Part III - Wage Rates and Related Matters, Clause 1 - Wage Rates for this award.

(2) Except as otherwise provided in this award a part-time employee is entitled to be paid for the hours agreed upon in accordance with Part II - Employment Relationship and Associated Matters, Clause 1 - Contract of Employment, subclause (c)(ii)(1)(A).

(3) The terms of this agreement may be varied.

(4) The terms of this agreement or any variation to it shall be in writing and retained by the employer. A copy of the agreement and any variation to it shall be provided to the employee by the employer.

(iii) The terms of this award shall apply pro-rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38.

(d) (i) An employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

(ii) Any direction issued by an employer shall be consistent with the employer’s responsibilities to provide a safe and healthy environment.

(e) Termination of Employment

(i) Employees Engaged by the Week

The termination of all weekly engagements shall require a week’s notice on either side given at any time during the week or by the payment or forfeiture of a week’s wages as the case may be.

PROVIDED that where an employer has given notice as aforesaid to a weekly-engaged employee, the employer shall grant, if requested leave of absence without pay for one day to enable the employee to look for alternative employment.

(ii) Employees Engaged as Casuals

Termination of all casual engagements shall require one hours notice on either side given at any time during the week or the payment or forfeiture of one days pay as the case may be.

(iii) Summary Dismissal

This clause shall not affect the employer’s right to dismiss forthwith at any time an employee because of the latter’s incompetence or misconduct in which case the employee shall be paid all wages due up to the time of dismissal only.

(iv) Standing Down of Employees

Where work is impracticable on any day through shortage of material, which shortage the employer could reasonably have avoided, the employee shall be paid for the time lost in such case.

PROVIDED however, the employer may deduct payment for any day the employee cannot be usefully employed because of any strike or because of any breakdown of machinery or because of any stoppage of work by any cause for which the employer cannot be held responsible.