10.       EMPLOYMENT CATEGORIES

10.1     Subject to 10.5 hereof and except as hereinafter provided employment shall be by the week.

10.2     It shall be clearly indicated by the employer whether the employee is engaged on a weekly, part-time, or a casual basis.

10.3     Probationary employees

10.3.1 An employer may initially engage a full-time or part-time employee for a period of probationary employment for the purpose of determining the employee’s suitability for ongoing employment. The employee must be advised in advance that the employment is probationary and of the duration of the probation which can be up to but not exceed four weeks.

10.3.2 A probationary employee is for all purposes of the award a full-time or part-time employee.

10.3.3 Probationary employment forms part of an employee’s period of continuous service for all purposes of the award, except where otherwise specified in the award.

10.3.4 Probationary employees may give, or be given, notice on the following basis:

First week of service	1 day’s notice
Second week of service	2 days’ notice
Third week of service	3 days’ notice
Fourth week of service	4 days’ notice

Where an employee has given or been given such notice, the employee shall continue in the employment until the date of expiration of such notice. Any employee who, having given or been given such notice, without reasonable cause (proof of which shall lie on the employee) is absent from work during such period shall be deemed to have abandoned the employment and shall not be entitled to payment for work done by the employee within that period.

10.4     Part-time employees

10.4.1 A part-time employee shall mean an employee who works a regular pattern of hours from week to week which is less than the standard ordinary hours in any week.

10.4.2 The terms of this award shall apply pro rata for part-time employees on the basis that ordinary weekly hours for full-time employees are 40.

10.5     Casual employment

10.5.1 A casual employee is to be employed by the hour. A casual employee shall only be engaged in circumstances set out at 10.5.2. and whose engagement may be terminated at any time,

10.5.2 Casual employees may only be engaged in the following circumstances:

10.5.2(i)          to meet short term work needs; or

10.5.2(ii)         to carry out work in emergency circumstances; or

10.5.2(iii)       to perform work unable to be practicably rostered to permanent employee.

10.5.3 A casual employee for working ordinary time shall as a minimum be paid the hourly rate prescribed in clause 13 for weekly employees engaged in the same classification for the same class of work plus a loading of 22.5%. The loading constitutes part of the casual employees all-purpose rate.

10.5.4 In reference to clause 10.5.3 the appropriate weekly rate plus 25% will apply on or after the first pay period beginning on 4 August 2003.

10.5.5 Upon engagement, an employer shall provide to a casual employee an instrument of appointment in writing which stipulates the type of employment and informs the employee of the duties required, the number of hours required, and the rate of pay.

10.5.6 An employee who has been employed on a regular pattern of hours in 12 consecutive weeks shall after that time have the right to elect to be engaged as a permanent employee if the employment on a regular pattern of hours continues into the next consecutive week. Any eligible employee that elects to convert shall thereafter be treated for all purposes of this award as a full-time or regular part-time employee, as the case may be.

10.5.7 By agreement between the employer and the majority of employees in the relevant workplace, or section of it, plus the union, the employer may apply 10.5.6 as if the reference to “12 consecutive weeks” is a reference to “16 consecutive weeks”, but only in respect of a currently engaged individual employee or group of employees.

10.5.8 An employee must not be engaged or re-engaged as a casual employee under this clause to avoid any obligation under this award.

10.5.9 A casual employee shall be engaged:

10.5.9(i)          for a minimum daily period of three hours; and

10.5.9(ii)         not more than once on each day in which he/she is engaged.

10.5.10            A causal employee shall not be entitled to the benefits of clauses 20 - Annual leave, 21 - Personal leave and 23 -  Public holidays, of this award.

10.5.11            Any employee not attending for duty shall lose pay for the actual time of such non attendance.

10.5.12            If an employee is given notice or dismissed at other than the normal place of employment the employee shall be entitled to transport or return fares to the usual place of employment.

10.6     If an employee is given notice or dismissed at other than the normal place of employment the employee shall be entitled to transport or return fares to the usual place of employment.

10.7     Any employee not attending for duty shall lose pay for the actual time of such non attendance except as provided in clauses 20 - Annual leave, 21 - Personal leave and 23 – Public holidays, of this award.