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Employees under the Building and Construction General On-Site Award (Onsite Award) can be employed in one of the following categories:
Under the Onsite Award, at the time of engagement an employer must inform each employee, in writing, of the terms of their engagement and whether they are to be daily hire, full-time, part-time or casual employees.
Daily hire employees are a unique classification under the Onsite Award and are:
Daily hire employees are entitled to:
Only qualified trades and labourers can be engaged as daily hire employees.
A full-time employee is an employee who works an average of 38 ordinary hours per week. A full-time employee is an employee who is on a permanent, or fixed term contract.
A part-time employee is an employee who works on average less than 38 ordinary hours per week but has reasonably predictable hours of work. Part-time employees must be paid at least the ordinary time hourly rate for the relevant classification and pro-rata entitlements (annual leave/personal leave) for those hours.
Before commencing part-time employment, the employer must inform the part-time employee and put the following in writing:
Terms may be varied, but only in writing and with the consent of both the employee and employer. A copy of the agreement and any variations should be provided to the employee by the employer.
Under the Fair Work Act, a person is a casual employee if:
Before commencing casual employment, the employer must inform the employee in writing:
Under the National Employment Standards, casual employees are entitled to:
Casual employees are not entitled to:
Casual employees must be paid a loading of 25% on top of the ordinary time hourly rate and a minimum of four hours’ work per engagement plus any relevant fares and travel allowances. The 25% loading is paid as compensation for the above-mentioned entitlements that casual employees are not entitled to.
Overtime and penalty rates also apply to casual employees.
The National Employment Standards provide that a casual employee may be entitled to convert to permanent employment if they:
HIA’s infosheet Changes to Casual Employment: Casual Conversion provides more detail regarding casual conversion requirements.
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