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PART 2 – GENERAL CONDITIONS OF SERVICE

 

 

9.    CONTRACT OF EMPLOYMENT

9.1    General provisions

Subject to clause 25 - Termination of Employment and clauses 9.3 and 9.4 herein, employment under this Agreement shall be of an on-going nature, except for casual Employees. .

9.2    Letter of appointment

Upon engagement, each Employee shall be given a letter of appointment.

9.3    Employment for a specified period of time

9.3.1    Without limiting the generality of the following, in normal circumstances, employment for a specified period of time will only occur:

9.3.1(a)    when the position to which the Employee is appointed is to undertake a specific project for which funding has been made available to the Employer for a specified period of time;

9.3.1(b)    when the Employee is employed to undertake a specific task which has a limited period of operation;
 
9.3.1(c)    when the Employee is employed for a specified period of time to replace an Employee who is absent on approved leave;

9.3.1(d)    when the Employee is employed for a specified period of time to replace an Employee whose employment has terminated after the commencement of the school year and the demands of the program or organisation of the workplace require the employment of a person for a specific period of time, provided that the period of appointment must not exceed the end of that school year;

9.3.1(e)    when the Employer has good reason to believe that, should the employee not be employed for a specified period of time, then a redundancy situation will arise, and provided that the period of appointment must not exceed the end of that school year;

9.3.1(f)    when an Employee is employed as a Placed Teacher, New Arrivals Teacher, Primary Principal or School Adviser.

9.3.2    The Employer shall provide in the letter of appointment, for Employees covered by fixed term appointments, the reason for the employment being of fixed term duration and the date of commencement and the date of cessation of employment.

9.3.3     On application, after three school years in one school on fixed term appointments an Employee will be given preference for any appropriate vacancy in that school, all other things being equal.

9.4    Abandonment of employment

9.4.1    If an Employee has been absent from work for a continuous period exceeding five working days where the Employee:

9.4.1(a)    has no entitlement to leave for the absence; or

9.4.1(b)    does not have the consent of the Employer and has not notified the Employer of the absence,

then the Employer shall have the right to commence the  abandonment of employment procedure set out in this clause.

9.4.2    Procedure Step 1

9.4.2(a)    The Employer sends, by certified mail to the last known address of the Employee, a letter which:

9.4.2(a)(i)    states that the Employee is absent without permission from the date of the last required attendance; and

9.4.2(a)(ii)    advises that if the Employee, or an authorised representative of the Employee, does not contact the Employer in writing within ten days of receipt of the notice providing an explanation for the absence or if the Employee does not return to duty, then the Employee will be deemed to have abandoned his or her employment. 

9.4.3    Procedure Step 2

9.4.3(a)    If the Employee, or authorised representative of the Employee, does not comply with the requirements in clause 9.4.2(a)(ii), the Employer shall have the right to advise the Employee in writing that the employee’s employment has been deemed to have been abandoned with effect from:

9.4.3(a)(i)    the date of the last attendance of the Employee at work; or

9.4.3(a)(ii)    the last day in respect of which consent for absence was granted;  or

9.4.3(a)(iii)    the date of the last absence in respect of which notification was given to the Employer;

whichever is the later.

9.5    Caring Responsibilities:  Casual Workers

9.5.1    Subject to the evidentiary and notice requirements in 14.5.4(b) and (c), casual Employees are entitled to not be available to attend work or to leave work:

9.5.1(a)    If they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child;  or

9.5.1(b)    Upon the death in Australia of an immediate family or household member.

9.5.2    The Employer and the Employee shall agree on the period for which the Employee will be entitled to not be available to attend work.  In the absence of agreement, the Employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion.  The casual Employee is not entitled to any payment for the period of non-attendance.

9.5.3    An Employer must not fail to re-engage a casual Employee because the Employee accessed the entitlements provided for in this clause.  The rights of the Employer to engage or not to engage a casual Employee are otherwise not affected.

9.5.4    For the purposes only of this clause and by reason only of the method of and restrictions on the length of engagement provided for elsewhere in this agreement an Emergency Teacher is not a casual Employee.

 

 

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