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They can generally be rostered for additional hours within these periods without the need to pay overtime see further below. Changes to the guaranteed hours can only be made by written agreement with the employee. Employment Innovations has developed template employment contracts, especially for the hospitality industry.

They include clauses that specify annualised salary arrangements in compliance with the requirements of the Award. Contact us to find out more. A casual employee must be engaged for a minimum of 2 hours of work. A casual employee must be paid at the termination of each engagement but may agree to be paid weekly or fortnightly.

Casual employees are entitled to ask their employer to convert their employment to full-time or part-time employment when they have worked a regular pattern of hours over a period of at least 12 months and they could continue to work those hours as a full-time or part-time employee without significant changes.

The Employer must provide a copy of the casual conversion subclause to all casual employees within their first 12 months of employment. It is generally easiest to provide this to employees when they start their employment. Any request to convert must be considered by the Employer, but may be refused on reasonable business grounds. Please contact Employment Innovations if you need a copy of the clause to send to your employees. Instead of paying full-time and part-time employees according to each hour they work, an employee other than managerial staff in a hotel can agree with their employer that they will be paid an annual salary on the following basis:.

There are similar provisions dealing with annual salaries to be paid to managerial staff in hotels, except that there is no requirement to perform an annual reconciliation for these employees, refer to clause 25 of the Award. Overtime rates are payable when a permanent full or part-time employee works:. Overtime rates are payable when a casual employee works:. The overtime rate payable depends on the time at which the overtime is worked:.

An employer and employee may agree in writing to an employee taking time off instead of being paid for a particular amount of overtime work. The period of time off that an employee is entitled to take is equivalent to the amount of overtime hours worked. When an employee works ordinary hours on the following days, they are entitled to the following penalty rates:. Additional penalty payments apply in the following circumstances from 1 February — 30 June :.

Note: A rostered day off means any day the employee is not rostered to work i. Breaks apply to all employees. Unpaid meal breaks should be taken no earlier than 2 hours and no later than 6 hours after starting work.

Breaks should be spread evenly across a shift. Employees are entitled to an annual leave loading i. The notice periods to be given by an employer is in accordance with the NES. An Award, including a Modern Award, is a legally enforceable set of minimum terms and conditions of employment. Awards operate in conjunction with the National Employment Standards a legislated set of minimum standards , and together they provide a fair and relevant minimum safety net of terms and conditions of employment.

An Award applies to employees in a particular industry or occupation and is used as the benchmark for ensuring Enterprise Agreements pass the Better Off overall test BOOT before they are approved by the Fair Work Commission.

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