each year:
leave.
• Four (4) weeks of paid annual leave on a pro-rata basis • Ten (10) days of paid personal / carer's leave on a pro-rata basis • Two (2) days of paid compassionate leave for each permissible occasion • Two (2) days of unpaid carer's leave • Community Service Leave (i.e. jury duty) • Payment for not working on a Public Holiday (only if the employee normally works on the day that the Public Holiday falls on) Casual Employees A casual employee is generally a person who is 'engaged to work as such', for a minimum number of hours per shift (generally, it is either a minimum of 3 or 4 hours). Although Modern Awards do not generally define what a casual employee is, traditionally casual employees work different hours each week, on different days each week, and at different times (although it is possible to have a casual employee working the same hours each week, on the same days and at the same times, depending on the Modern Award that applies). Some Modern Awards have referred to a 'regular casual employee', which is a casual employee who works on a regular and systematic basis. After six (6) months of working as a regular casual employee, these types of employees have the option of converting to either full- time or part-time employment. Casual employees are paid an additional 'casual loading', and are therefore not entitled to the same paid leave that other employees are entitled to. Depending on the Modern Award that applies, casual employee may be entitled to penalty / overtime rates for working in excess of a certain number of hours each day or week. Casual employees are only entitled to two (2) days of unpaid carer's
All Employees All employees are entitled to unpaid parental leave, as well as long service leave (depending on the state / territory long service leave laws). Summary As you can see, different types of employment are subject to different rules and entitlements. Some experiences indicate the following: • Casual employees working 38 hours every week (in contravention of a particular Modern Award), receiving a casual loading, and later claiming annual leave in addition to the casual loading; • Full-time employees who have their hours reduced to 30 hours each week, and are only paid for 30 hours, without their consent. Such employees have been able to claim the difference between their actual pay, and the pay they would have received if they had worked full-time hours. Employers should first establish which of the above three employment types they intend to classify an employee, and then have a written employment contract that clearly indicates what that employment type is. Generally, any change to this employment type needs to be agreed to by the employee, and the change should also be documented. By members implementing Contract templates for new and existing employees will circumvent any potential or real claims and minimize external disputes or legal action. We are only one phone call or face to face meeting away from discussing and reviewing contracts of employment for your organisation.
MAKE YOUR NEXT FIT OUT ONE PEOPLE REMEMBER
We love working with local businesses to achieve the most memorable and appropriate fit out for each project, like we did with the Southern Wild Distillery.
SOUTHERN WILD DISTILLERY
For your next fit out, call the team at Tas Hotel & Catering Supplies, we’d love to help!
A
KINGS MEADOWS 3-5 Merino Street. Ph. 6344 5588 Store Manager: Jo Rundle
DEVONPORT 7 Victoria Parade. Ph. 6423 4222 Store Manager: Luke Clarke
HOBART 28A Warwick Street. Ph. 6231 2055 Store Manager: Brad Dutton
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tashotel.com.au
June 2017 www.australianhotels.asn.au
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