[{"id":"0f4303fb-6652-4dc0-9505-b54fb6fcbb9e","order":1,"text":"CASUAL EMPLOYMENT CONTRACT","fontSize":"20","textAlign":"center","bold":true,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"8dd58cfd-41d3-4154-8fd9-3179ffd01e2b","order":2,"text":"Made under the Fair Work Act 2009 (Cth) as amended by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth)","fontSize":"12","textAlign":"center","bold":false,"underline":false,"marginBottom":"25","cflou":false,"active":true},{"id":"8b14d452-a8cd-45a8-b953-9c3e28139a88","order":3,"text":"PARTIES","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10"},{"id":"a436e9f7-4abe-4655-82b3-ce91a39ab673","order":4,"text":"This Contract is made between:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"460db903-73b5-477c-aada-6ab5519d58f6","order":5,"text":"[Employer name] [ACN / ABN] of [Registered office address] (the Employer);","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"804aa99c-6814-4c85-b44d-f4ed7a8c2104","value":"a company or other incorporated entity","type":"add","operator":"="}]},{"id":"805bbda9-5726-4b2d-be35-ce4b91929c84","order":6,"text":"[Employer name] ABN [ABN] of [Business address] (the Employer);","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"804aa99c-6814-4c85-b44d-f4ed7a8c2104","value":"an individual, partnership or sole trader","type":"add","operator":"="}]},{"id":"947d9a93-e027-4d5f-b1df-67ec035f138c","order":7,"text":"and [Employee full name] of [Employee residential address] (the Employee).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"141f1491-e4a9-4350-ac2e-6b16d5011b73","order":8,"text":"The Employer and the Employee are together referred to as the Parties and each as a Party.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"ffa4d007-609f-47e7-b1b1-df3d1903ae26","order":9,"text":"BACKGROUND","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"10"},{"id":"3e03c951-8fb2-41cd-af36-03303e3b2ec4","order":10,"text":"A. The Employer wishes to engage the Employee, and the Employee wishes to be engaged, on a casual basis in the position described in this Contract.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fe557123-ea69-4ad6-a8a8-05b9be76fa09","order":11,"text":"B. The Parties intend that the employment relationship be characterised by an absence of a firm advance commitment to continuing and indefinite work, and that the Employee be entitled to a casual loading, so that the Employee is a casual employee within the meaning of section 15A of the Fair Work Act 2009 (Cth).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d904069b-3c58-4ecb-9483-ce372e90b09d","order":12,"text":"C. The Parties acknowledge that whether the Employee is a casual employee is determined by reference to the real substance, practical reality and true nature of the employment relationship, and not solely by the terms of this Contract.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b55f90b2-21ca-45be-8744-89f2a189bdc3","order":13,"text":"D. The Parties wish to record the terms on which each engagement is offered and accepted.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"2b49f79f-bb09-42c1-bdff-d6dd76718b7a","order":14,"text":"IT IS AGREED as follows:","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"18309a9f-a02c-48c7-917f-37b8e7db22a1","order":15,"text":"1. DEFINITIONS AND INTERPRETATION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S01"},{"id":"d98d12f9-cb79-460a-a691-476d2c2769fa","order":16,"text":"In this Contract, unless the context requires otherwise: Casual Loading means the loading described in the clause entitled "Remuneration and Casual Loading"; Commencement Date means the date specified in the clause entitled "Commencement and Nature of Engagement"; Confidential Information has the meaning given in the clause entitled "Confidential Information"; Engagement means a discrete period of work offered by the Employer and accepted by the Employee; FW Act means the Fair Work Act 2009 (Cth); NES means the National Employment Standards in Part 2-2 of the FW Act; and Ordinary Hourly Rate means the base rate of pay specified in this Contract, exclusive of the Casual Loading and of any penalty rate, allowance or overtime rate.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8b2aff81-2144-4aab-bf2d-c47bfcbdca79","order":17,"text":"In this Contract, a reference to a statute includes that statute as amended or replaced from time to time and any subordinate instrument made under it; the singular includes the plural and vice versa; headings are for convenience only and do not affect interpretation; and a reference to a clause by name is a reference to the clause of this Contract bearing that heading.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"22b8665e-b428-47ee-bc38-d36429915393","order":18,"text":"Nothing in this Contract operates to exclude, modify or limit the NES, any applicable modern award or enterprise agreement, or any other minimum entitlement conferred by law. To the extent of any inconsistency, those instruments prevail and this Contract is to be read as if the inconsistent term were varied to the extent necessary to remove the inconsistency, or, if that is not possible, severed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"803c8d7e-a2f1-4a22-9a32-63518970fa2a","order":19,"text":"2. NATURE OF THE EMPLOYMENT — CASUAL","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S02"},{"id":"f1471c64-39ae-45e4-844c-27ebc0d399d0","order":20,"text":"The Employee is employed as a casual employee within the meaning of section 15A of the FW Act. The employment is casual because the employment relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work, having regard to the real substance, practical reality and true nature of the relationship, and because the Employee is entitled to the Casual Loading.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8c354fa9-e5b1-4c11-a426-780ce91d4e34","order":21,"text":"The Parties acknowledge that, in assessing whether there is an absence of a firm advance commitment, regard must be had (among other things) to whether the Employer can elect to offer work and whether the Employee can elect to accept or reject work; whether, having regard to the nature of the Employer's enterprise, it is reasonably likely there will be future availability of continuing work in that enterprise of the kind usually performed by the Employee; whether there are full-time or part-time employees performing the same kind of work in the enterprise; and whether there is a regular pattern of work for the Employee.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"05ce52a4-3615-46b3-9d1d-70a1e716147a","order":22,"text":"A regular pattern of work does not of itself indicate a firm advance commitment to continuing and indefinite work. The Employee may work a pattern of hours that is regular without ceasing to be a casual employee.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6c149305-5432-4286-be8e-71f2f2b41e57","order":23,"text":"The Parties acknowledge that the characterisation of the employment is assessed on the basis of the real substance, practical reality and true nature of the employment relationship, and that the terms of this Contract are not determinative of that question.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"d8f4d96d-2797-4fb9-9810-eaece8159430","order":24,"text":"3. NO FIRM ADVANCE COMMITMENT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S03"},{"id":"b4e1619f-23b4-46d3-a9cf-99e005129025","order":25,"text":"This Contract does not oblige the Employer to offer the Employee any work on any occasion, and does not oblige the Employee to accept any work offered. Each Engagement is a separate offer which the Employee may accept or decline in the Employee's absolute discretion, without penalty.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"612ea802-51a5-4107-b931-51a7c7a461f5","order":26,"text":"There is no guarantee of continuing or indefinite work, of any minimum number of hours, of any particular roster, or of ongoing employment beyond the completion of each Engagement. The Employee's declining of an offer of work does not constitute a breach of this Contract and will not, of itself, adversely affect any future offer of work.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b381d5b8-da80-40bb-824d-be06e120b5e4","order":27,"text":"This Contract governs the terms of each Engagement that is offered and accepted, and continues to apply between Engagements for the purposes of the clauses entitled "Confidential Information", "Intellectual Property", "Privacy and Personal Information", "Licences, Checks and Clearances" and "Social Media and Public Comment".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"5ac6d897-9ecf-4e9a-8283-5e7c2ebb6b0c","order":28,"text":"4. POSITION AND DUTIES","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S04"},{"id":"1bf9f947-977d-481c-b2db-3d15b98f3742","order":29,"text":"The Employee is engaged in the position of [Position title], reporting to [Reports to] or such other person as the Employer may nominate from time to time.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2a125f26-c26a-4b69-a799-0c32274c6889","order":30,"text":"The Employee's principal duties are: [Principal duties of the position]. Further detail of the position is set out in the position description in Schedule 2.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"22f84aeb-9350-4861-bdd6-3c1b27e1191d","order":31,"text":"The Employee must also perform such other duties as are within the Employee's skill, competence and training and as the Employer may reasonably direct from time to time. The Employer may vary the Employee's duties, reporting line and position description from time to time, acting reasonably.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"445ae157-4202-46f8-b197-43e46d3ed5a8","order":32,"text":"The Employee must perform the duties with due care and skill; comply with all lawful and reasonable directions of the Employer; comply with the Employer's policies and procedures as in force from time to time; act in the best interests of the Employer during each Engagement; not engage in conduct that damages or is likely to damage the Employer's reputation; and disclose to the Employer any actual or potential conflict of interest as soon as the Employee becomes aware of it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"07867f96-f123-4e0b-b061-43a0edae5cde","order":33,"text":"The Employer's policies and procedures do not form part of this Contract and are not incorporated into it. They may be introduced, varied or withdrawn by the Employer at its discretion, and do not create contractual obligations on the Employer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"9a1296ec-9c18-4f66-a90f-324c4ea0a1ad","order":34,"text":"5. COMMENCEMENT AND NATURE OF ENGAGEMENT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S05"},{"id":"51742416-ac8a-456a-ab43-1b5b5d77d66a","order":35,"text":"The Employee's casual employment commences on [Commencement date] (the Commencement Date). The employment is casual and continues until terminated in accordance with the clause entitled "Termination".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d2f0806c-2b43-4766-9e50-25de4a8e07d2","order":36,"text":"There is no probationary period. The Employee's employment may be ended in accordance with the clause entitled "Termination".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e9377567-dd38-4eb2-b15b-b44fa3e76a0e","order":37,"text":"Where the Employee's employment converts to full-time or part-time employment under the clause entitled "Employee Choice Pathway to Permanent Employment", service as a casual employee counts as service for the purposes of the NES, except to the extent that the FW Act provides otherwise.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"8f139be1-19c1-4f7d-9f9d-a7845c5c4b0a","order":38,"text":"6. PLACE OF WORK","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S06"},{"id":"b49ca652-2e92-45a1-950f-807e1c6b9aa1","order":39,"text":"The Employee's ordinary place of work is [Place of work].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"18b024e4-df86-4027-b993-c0788c765802","order":40,"text":"The Employer may require the Employee to work at any other location within a reasonable distance of that place, or at any other premises of the Employer, where reasonably necessary for the Employer's operations. The Employer will give the Employee reasonable notice of any such change.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"4289c366-940a-47a1-a525-a5a3ff3b38c8","order":41,"text":"7. HOURS OF WORK AND ROSTERING","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S07"},{"id":"fc5800f6-4715-4fd9-9afb-b3072ade2b06","order":42,"text":"The Employee has no guaranteed or minimum hours of work. Hours are offered on an Engagement-by-Engagement basis and vary according to the Employer's operational requirements and the Employee's availability.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a1cfb5ca-14bb-413a-85aa-885f704424a1","order":43,"text":"The Employer will offer Engagements by text message or email, and the Employee should confirm acceptance by the same means. An offer is not accepted until the Employee confirms acceptance or attends for the Engagement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d73ae850-7ede-40ba-a009-d5293db5e11b","order":44,"text":"The Employee's indicative availability is: [Indicative availability]. This statement of availability is indicative only. It does not oblige the Employer to offer work during those times, and does not oblige the Employee to accept work offered during those times.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"76117407-dcc0-4bc0-9a54-b483aff2053e","order":45,"text":"The minimum period of each Engagement is [Minimum engagement, e.g. 3 hours], or such greater minimum as is required by any applicable modern award or enterprise agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"826c1ea5-6074-40e8-af3b-7725d1a0999f","value":"Yes, a minimum engagement period applies","type":"add","operator":"="}]},{"id":"b01211c8-fb5c-446b-8cd2-752db46c7f7a","order":46,"text":"No minimum period of engagement is specified in this Contract. Where an applicable modern award, enterprise agreement or other fair work instrument prescribes a minimum period of engagement, that minimum applies.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"826c1ea5-6074-40e8-af3b-7725d1a0999f","value":"No minimum engagement period is specified","type":"add","operator":"="}]},{"id":"5fcac336-1967-4570-8c85-b22e6df493ca","order":47,"text":"The Employee must not work hours in excess of those offered and accepted for an Engagement, or work any overtime, without the Employer's prior approval. The Employer will not request or require the Employee to work more than the maximum weekly hours permitted by section 62 of the FW Act, unless the additional hours are reasonable.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"56d16175-91d5-4681-a879-db33db4143c8","order":48,"text":"The Employee must accurately record all hours worked in the manner directed by the Employer, and must not record hours not actually worked.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"96abfbd2-b1fd-4f71-98fc-764cd36a633e","order":49,"text":"8. REMUNERATION AND CASUAL LOADING","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S08"},{"id":"4d8d8373-d68a-4634-843c-7b46e62eb7b2","order":50,"text":"The Employee's Ordinary Hourly Rate is $[Base hourly rate] per hour, exclusive of the Casual Loading.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5718222a-67c4-4ff2-9f56-b2226e6a169d","order":51,"text":"In addition to the Ordinary Hourly Rate, the Employee is paid a Casual Loading of 25% of the Ordinary Hourly Rate for each hour worked. The Employee's total hourly rate, inclusive of the Casual Loading, is $[Total hourly rate] per hour, exclusive of any applicable penalty rate, overtime rate, allowance or loading.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fb29e3cf-3869-4312-aa45-ce0497de7b5a","order":52,"text":"The Casual Loading is paid as an identifiable amount in compensation for the entitlements that casual employees do not receive under the NES, namely paid annual leave, paid personal/carer's leave, paid compassionate leave, payment for absence on a public holiday, notice of termination and redundancy pay. The Casual Loading is separately identified on the Employee's pay records and payslips.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0b8f05aa-35e7-4726-8e70-bf9a1038df5f","order":53,"text":"The Employee is paid fortnightly by electronic funds transfer into a bank account nominated by the Employee. The Employer will issue a payslip in accordance with the FW Act and the Fair Work Regulations 2009 (Cth).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c060b28b-f824-41d4-9878-fdb0adc72388","order":54,"text":"The Employee is paid only for hours actually worked during an Engagement, and for any minimum engagement period that applies. The Employee is not entitled to payment for periods in which no Engagement is on foot.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"edd02f54-a83a-4acd-b082-3d9072eba1c4","order":55,"text":"Penalty rates, overtime rates, allowances and other loadings are payable in accordance with any applicable modern award or enterprise agreement, and are calculated in accordance with that instrument.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"06811348-cd06-40fc-92ec-0e0da297da72","order":56,"text":"The Employer may deduct from any amount payable to the Employee any amount the Employee owes the Employer, but only where the deduction is authorised in writing by the Employee and is principally for the Employee's benefit, or is otherwise authorised by a term of a fair work instrument, an order of a court or the FW Act. Nothing in this clause authorises a deduction that is unreasonable in the circumstances.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"2a96f793-838f-40fb-9287-3142ca8041d9","order":57,"text":"9. SUPERANNUATION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S09"},{"id":"0b4b3a1a-d439-45a0-8407-ae4081eba491","order":58,"text":"The Employer will make superannuation contributions on behalf of the Employee in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth) and any applicable modern award or enterprise agreement, at the rate prescribed from time to time by law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ee4f41ad-0656-4724-87e2-5937e56a0f2d","order":59,"text":"Contributions are calculated on the Employee's qualifying earnings and are paid on each payday. The Employer will ensure that each contribution is received by the Employee's superannuation fund within seven business days after the day on which the Employee is paid, or within such other period as the law requires from time to time. A longer period applies to the first contribution made for the Employee or to a new fund.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ffcb7fa2-6506-4daa-9264-33219a728e1c","order":60,"text":"The Employee may choose the superannuation fund to which contributions are made, and the Employer will give the Employee a standard choice form where required. If the Employee does not choose a fund, the Employer will make contributions to the Employee's stapled fund identified by the Australian Taxation Office, or, if there is no stapled fund, to the Employer's default fund. The Employee must give the Employer the information reasonably required to make contributions to the chosen fund.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"707d5dc8-3394-418d-937c-06446a8b01d0","order":61,"text":"Superannuation contributions are payable in addition to, and do not form part of, the Employee's remuneration under this Contract. The Casual Loading does not reduce or satisfy the Employer's superannuation obligations.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"83281d12-db6c-41c3-9eeb-f019ccc04fcf","order":62,"text":"10. INDUSTRIAL INSTRUMENT COVERAGE","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S10"},{"id":"e44b8f47-42a5-434a-9d69-24d15bcab507","order":63,"text":"The Employee's employment is covered by the [Name of modern award or enterprise agreement], as varied or replaced from time to time (the Instrument). The Employee is classified under the Instrument as [Classification level].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1b00b306-3fa5-4ef4-95fe-bdb50ad77bb2","value":"Covered by a modern award or enterprise agreement","type":"add","operator":"="}]},{"id":"595c6852-71e3-478e-8786-60b1bec1e57f","order":64,"text":"The Employee is entitled to the terms and conditions of the Instrument as they apply to casual employees, including any minimum rates of pay, casual loading, penalty rates, overtime rates, allowances and minimum engagement periods. Where a term of this Contract is less beneficial than the corresponding term of the Instrument, the Instrument prevails.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1b00b306-3fa5-4ef4-95fe-bdb50ad77bb2","value":"Covered by a modern award or enterprise agreement","type":"add","operator":"="}]},{"id":"3fa9ecfa-24c6-4c82-92d5-7fc192476482","order":65,"text":"The Employer will review the Employee's rate of pay against the Instrument following each annual wage review and any variation to the Instrument, and will adjust the rate where necessary to ensure the Employee is not paid less than the applicable minimum.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true,"displayConditions":[{"field":"1b00b306-3fa5-4ef4-95fe-bdb50ad77bb2","value":"Covered by a modern award or enterprise agreement","type":"add","operator":"="}]},{"id":"af777c8a-fb81-4ba4-8b4e-05e866b64fba","order":66,"text":"The Employer considers that the Employee's employment is not covered by any modern award or enterprise agreement. The Employee's minimum rate of pay is therefore governed by the national minimum wage order made by the Fair Work Commission, which includes the casual loading fixed by that order.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1b00b306-3fa5-4ef4-95fe-bdb50ad77bb2","value":"Award-free and agreement-free","type":"add","operator":"="}]},{"id":"8a24c905-dd42-440d-bfc3-2b352c5222c9","order":67,"text":"If, contrary to the Employer's assessment, a modern award or enterprise agreement is found to cover the Employee's employment, the total remuneration paid to the Employee under this Contract (comprising the Ordinary Hourly Rate and the Casual Loading) is paid in satisfaction of, and may be set off against, any and all monetary entitlements arising under that instrument in respect of the same period, including minimum rates of pay, casual loading, penalty rates, overtime rates, allowances and any other monetary entitlement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1b00b306-3fa5-4ef4-95fe-bdb50ad77bb2","value":"Award-free and agreement-free","type":"add","operator":"="}]},{"id":"abcec0d4-9bac-4600-af92-63fd12dae037","order":68,"text":"The set-off in this clause operates only to the extent permitted by law. It does not operate to reduce the Employee's remuneration below the applicable minimum in any period, and does not authorise any contravention of the FW Act. Where the total remuneration paid in a period is less than the entitlements arising under an applicable instrument for that period, the Employer will pay the shortfall.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1b00b306-3fa5-4ef4-95fe-bdb50ad77bb2","value":"Award-free and agreement-free","type":"add","operator":"="}]},{"id":"680dbb08-2038-469c-b0c5-428a9397ab7d","order":69,"text":"The Employee acknowledges that the Employee is not entitled to be paid twice for the same hours worked, and that amounts already paid in respect of a period are to be credited against any entitlement found to arise in respect of that period.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true,"displayConditions":[{"field":"1b00b306-3fa5-4ef4-95fe-bdb50ad77bb2","value":"Award-free and agreement-free","type":"add","operator":"="}]},{"id":"b670469f-554d-4c6f-ab88-41bba4b27cee","order":70,"text":"11. LEAVE ENTITLEMENTS","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S11"},{"id":"4db93a2e-6439-4c27-8a3f-f2719fc95caa","order":71,"text":"As a casual employee, the Employee is not entitled to paid annual leave, paid personal/carer's leave or paid compassionate leave. The Casual Loading is paid in compensation for those entitlements.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e2dbecc8-6273-4033-9c70-8acf12a4d795","order":72,"text":"The Employee is entitled under the NES to 10 days of paid family and domestic violence leave in each 12-month period, available in full from the day the employment starts and renewing on each anniversary. A casual employee taking this leave is paid at the full rate of pay for the hours the Employee was rostered to work in the period in which the leave is taken. This leave does not accumulate from year to year.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4429807e-9fcb-4f5f-b28d-53794f447bb9","order":73,"text":"The Employee must notify the Employer of the need to take paid family and domestic violence leave as soon as practicable, which may be after the leave has started. The Employer may require evidence that would satisfy a reasonable person that the leave is taken to deal with the impact of family and domestic violence. The Employer will keep any information about the Employee's circumstances confidential so far as the law permits, and will not record paid family and domestic violence leave on the Employee's payslip, in accordance with the Fair Work Regulations 2009 (Cth). The Employee's taking of this leave is a workplace right and the Employer will not take adverse action because of it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"5d04e564-bf30-4ce7-92ef-06cfa15d0d4e","order":74,"text":"The Employee is entitled under the NES to 2 days of unpaid carer's leave and 2 days of unpaid compassionate leave per occasion, and to unpaid community service leave, in accordance with the FW Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3e9841ac-7833-44c4-9802-457fd133a11a","order":75,"text":"The Employee is entitled to unpaid parental leave under the NES if the Employee has been employed by the Employer on a regular and systematic basis for at least 12 months, and but for the birth or placement of the child would have had a reasonable expectation of continuing engagement on a regular and systematic basis.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b43685e5-4adb-44d2-8e63-0991105f0287","order":76,"text":"The Employee is entitled to long service leave in accordance with the applicable State or Territory long service leave legislation, or any applicable portable long service leave scheme.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6638002a-d46c-48db-bf4a-be236ec64b5c","order":77,"text":"The Employee must notify the Employer of any inability to attend an accepted Engagement as soon as practicable, and in any event before the Engagement is due to commence.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"f9f678c6-57cd-4dd5-9c66-ad953dad09ed","order":78,"text":"12. PUBLIC HOLIDAYS","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S12"},{"id":"f622de74-a838-438e-a720-82f1cd366228","order":79,"text":"The Employee is not entitled to payment for a public holiday on which the Employee does not work. The Casual Loading compensates the Employee for that absence of entitlement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9ea1a6e1-3868-484c-8e3e-694ac6172f6d","order":80,"text":"The Employee is entitled under section 114 of the FW Act to be absent from work on a day that is a public holiday in the place where the Employee works. The Employer may request the Employee to work on a public holiday if the request is reasonable, and the Employee may refuse the request if the refusal is reasonable or the request is not reasonable.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"51962fd9-307d-4541-8347-0665d18c3ee4","order":81,"text":"Where the Employee works on a public holiday, the Employee is paid at the applicable public holiday rate under any applicable modern award or enterprise agreement, calculated on the Ordinary Hourly Rate together with the Casual Loading in accordance with that instrument.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"63028d07-72d3-4384-a27b-ef4c69d3021a","order":82,"text":"13. EMPLOYEE CHOICE PATHWAY TO PERMANENT EMPLOYMENT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S13"},{"id":"c9d58121-864a-4b81-9a6a-ed9600e311ee","order":83,"text":"The Employee has a pathway to full-time or part-time employment under Division 4A of Part 2-2 of the FW Act, known as the employee choice pathway. This clause records that pathway for the Employee's information and does not limit or vary it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1fc5a94f-b086-4e79-9201-b76762eec05b","order":84,"text":"The Employee may give the Employer written notice under section 66AAB of the FW Act that the Employee believes the Employee no longer meets the definition of a casual employee in section 15A, if the Employee has been employed by the Employer for a period of at least 6 months beginning on the day the employment started.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"5e0299f1-2217-4568-84ea-e12303f9c17d","value":"15 or more employees","type":"add","operator":"="}]},{"id":"797137ea-ba08-4fbd-99a8-11a329112e5a","order":85,"text":"The Employer is a small business employer, being an employer with fewer than 15 employees. The Employee may give the Employer written notice under section 66AAB of the FW Act that the Employee believes the Employee no longer meets the definition of a casual employee in section 15A, if the Employee has been employed by the Employer for a period of at least 12 months beginning on the day the employment started.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"5e0299f1-2217-4568-84ea-e12303f9c17d","value":"Fewer than 15 employees (small business employer)","type":"add","operator":"="}]},{"id":"43dfd9a9-38f6-456a-8d6e-faa26db2ca49","order":86,"text":"The Employee may not give such a notice if there is an ongoing dispute between the Parties under Division 4A about casual conversion; if, in the preceding 6 months, the Employer gave the Employee a response refusing a previous notification; or if, in the preceding 6 months, a dispute under Division 4A was resolved. A notice must specify whether the Employee seeks to change to full-time or part-time employment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"21de6719-651b-466c-ae98-f79a930a982f","order":87,"text":"Before responding to a notification, the Employer must consult with the Employee. The consultation must include discussion of whether the Employee would change to full-time or part-time employment, what the Employee's hours of work would be, and the day the change would take effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1a25a650-0cb0-4042-95f9-5099adaf5f67","order":88,"text":"The Employer must give the Employee a written response within 21 days after the notification is given, stating whether the Employer accepts or refuses the notification. If the Employer accepts, the response must state whether the Employee is changing to full-time or part-time employment, the Employee's hours of work after the change, and the day the change takes effect. If the Employer refuses, the response must state the reasons for the refusal.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"48f17c83-b5a0-4b26-bdec-ecc4bf63e303","order":89,"text":"The Employer may refuse a notification only if the Employee still meets the definition of a casual employee in section 15A; if there are fair and reasonable operational grounds for not accepting the notification; or if accepting the notification would result in the Employer not complying with a recruitment or selection process required by or under a law of the Commonwealth or of a State or Territory.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"34ea40a6-d7c7-4e0f-a27b-c9f7ef8a3a4e","order":90,"text":"Fair and reasonable operational grounds include that substantial changes would be required to the way work in the Employer's enterprise is organised; that there would be significant impacts on the operation of the Employer's enterprise; or that substantial changes to the Employee's terms and conditions would be reasonably necessary to ensure the Employer does not contravene a term of a fair work instrument that would apply to the Employee.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"310ada0d-41bf-4e15-aeae-adbdfddee9a7","order":91,"text":"Where the Employer accepts a notification, the change takes effect from the first day of the Employee's first full pay period beginning after the day the Employer gives the response, unless the Parties agree to another day. On and from that day, the Employee ceases to be entitled to the Casual Loading and becomes entitled to the NES entitlements applicable to full-time or part-time employees, as the case may be.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"050cf65e-b707-4c74-9b83-b39404444c50","order":92,"text":"A dispute about the operation of Division 4A must first be discussed between the Parties at the workplace level. If the dispute is not resolved at that level, either Party may apply to the Fair Work Commission under section 66M of the FW Act. The Fair Work Commission may deal with the dispute by mediation, conciliation, making a recommendation or expressing an opinion, and may deal with it by arbitration under section 66MA, including by making orders it considers appropriate. The Parties may each appoint a representative for the purposes of the dispute.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b6788a6e-c140-4984-9aa1-0029f4e75f5d","order":93,"text":"The Employer must not reduce or vary the Employee's hours of work, or terminate the Employee's employment, in order to avoid an obligation under Division 4A. Doing so may contravene the general protections in Part 3-1 of the FW Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"978b1ed5-b92f-45f0-b0a2-41c1f5a7fe1e","order":94,"text":"14. CASUAL EMPLOYMENT INFORMATION STATEMENT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S14"},{"id":"94ae0d3a-24f0-4975-89a6-bc53b621ee84","order":95,"text":"The Employer must give the Employee the Casual Employment Information Statement published by the Fair Work Ombudsman under section 125B of the FW Act. A copy of the Statement is set out in Schedule 1 to this Contract.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9fe93afd-0408-4f29-88b1-c80a56649eb7","order":96,"text":"The Employer will give the Employee the Statement before, or as soon as practicable after, the Employee starts employment as a casual employee; as soon as practicable after the Employee has been employed for a period of 6 months beginning on the day the employment started; as soon as practicable after the Employee has been employed for a period of 12 months beginning on that day; and as soon as practicable after the end of each subsequent period of 12 months for which the Employee is employed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"5e0299f1-2217-4568-84ea-e12303f9c17d","value":"15 or more employees","type":"add","operator":"="}]},{"id":"807fede9-53e2-47ba-8aeb-510053d702ca","order":97,"text":"As the Employer is a small business employer, the Employer will give the Employee the Statement before, or as soon as practicable after, the Employee starts employment as a casual employee, and as soon as practicable after the Employee has been employed for a period of 12 months beginning on the day the employment started.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"5e0299f1-2217-4568-84ea-e12303f9c17d","value":"Fewer than 15 employees (small business employer)","type":"add","operator":"="}]},{"id":"885a151a-9467-4c40-b5b8-9deb99e288ed","order":98,"text":"The Employer will also give the Employee the Fair Work Information Statement in accordance with section 125 of the FW Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"70e52016-704b-4033-8062-ea7a055da751","order":99,"text":"By signing this Contract, the Employee acknowledges having received the Casual Employment Information Statement and the Fair Work Information Statement on or before the Commencement Date.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"b3117ebf-976a-4ddb-b916-518d1579b3b8","order":100,"text":"15. CASUAL LOADING SET-OFF","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S15"},{"id":"f0c4a807-9d3c-47ec-ad75-8db10e36beb5","order":101,"text":"The employment is described as casual employment, and the Casual Loading is an identifiable amount paid to the Employee to compensate the Employee for not having one or more of the following entitlements during the employment: paid annual leave, paid personal/carer's leave, paid compassionate leave, payment for absence on a public holiday, payment in lieu of notice of termination, and redundancy pay.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"747148be-9d72-4ff5-9dd7-addffbc382c0","order":102,"text":"If it is subsequently determined that the Employee was not a casual employee during any period, and a claim is made for payment of any of those entitlements in respect of that period, the Parties acknowledge that section 545A of the FW Act applies, and that any amount payable in respect of those entitlements is to be reduced by an amount equal to the Casual Loading paid in respect of that period.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"959f3740-6e33-4c73-8be9-2b7db8ef8337","order":103,"text":"This clause does not limit the operation of section 545A of the FW Act, and does not exclude, modify or limit any entitlement of the Employee under the NES, any applicable fair work instrument or any other law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true,"displayConditions":[{"field":"1b00b306-3fa5-4ef4-95fe-bdb50ad77bb2","value":"Covered by a modern award or enterprise agreement","type":"add","operator":"="}]},{"id":"3c9238ad-13a5-4d5f-b84c-ce5a5b1eeb44","order":104,"text":"This clause does not limit the operation of section 545A of the FW Act, and does not exclude, modify or limit any entitlement of the Employee under the NES, any applicable fair work instrument or any other law. Where the set-off provided for in the clause entitled "Industrial Instrument Coverage" also applies to a period, the Casual Loading is not to be counted twice: no amount already credited under that clause may be credited again under this clause in respect of the same period.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true,"displayConditions":[{"field":"1b00b306-3fa5-4ef4-95fe-bdb50ad77bb2","value":"Award-free and agreement-free","type":"add","operator":"="}]},{"id":"fed936ea-f6fa-412d-a4f0-ebdb524e3088","order":105,"text":"16. STAND DOWN","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S16"},{"id":"2552cee2-95e8-4f74-9b0f-6e84722f8ade","order":106,"text":"The Employer may stand the Employee down, without pay, during a period in which the Employee cannot usefully be employed because of industrial action (other than industrial action organised or engaged in by the Employer), a breakdown of machinery or equipment for which the Employer is not responsible, or a stoppage of work for any cause for which the Employer cannot reasonably be held responsible, in accordance with section 524 of the FW Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9eec61e2-f201-40ef-b8eb-946ae631de29","order":107,"text":"The Employer will notify the Employee of a stand down as soon as practicable, and will keep the Employee informed of the expected duration of the stand down and of when work is expected to resume.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"fdf5097b-6816-484b-9bf1-ea3a00f85ddf","order":108,"text":"A stand down does not break the Employee's continuity of service. The Employee may dispute a stand down and, if the dispute is not resolved at the workplace level, may apply to the Fair Work Commission under section 526 of the FW Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"58514641-bc6a-4a26-8e9a-cf059a960adc","order":109,"text":"Where a term of an applicable modern award or enterprise agreement deals with stand down, that term applies in place of section 524 to the extent provided by the FW Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"10bcbfc9-50df-4514-9d3f-8abcdda6b2c8","order":110,"text":"17. FORCE MAJEURE","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S17"},{"id":"f4358d6f-1b45-4c13-97cb-e30b036818aa","order":111,"text":"Neither Party is liable for any failure or delay in performing an obligation under this Contract (other than an obligation to pay money already due) to the extent that the failure or delay is caused by an event beyond that Party's reasonable control, including a natural disaster, fire, flood, storm, epidemic or pandemic, public health direction, act of terrorism, war, civil emergency, or the failure of an essential utility or telecommunications service.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"554ba5fe-8aaf-4a01-a1d0-d54020bf672d","order":112,"text":"The affected Party must notify the other Party as soon as practicable, must use reasonable endeavours to mitigate the effect of the event, and must resume performance as soon as the event ceases to prevent it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"bd39b52d-66ec-42ac-87ee-425a99198c2f","order":113,"text":"This clause does not limit the Employer's rights under the clause entitled "Stand Down", and does not affect any entitlement of the Employee under the NES or any applicable fair work instrument.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"f692f38a-4a54-4f58-a85d-5493ba64a690","order":114,"text":"18. SEXUAL HARASSMENT, DISCRIMINATION AND BULLYING","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S18"},{"id":"dc30a978-c3b0-4ac3-9871-96cf5a8d6639","order":115,"text":"The Employer is committed to providing a workplace free from sexual harassment, harassment on the ground of sex, discrimination, bullying and victimisation. Sexual harassment in connection with work is prohibited by section 527D of the FW Act, and by the Sex Discrimination Act 1984 (Cth) and applicable State and Territory anti-discrimination legislation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9b9e2d2d-30cc-463d-a09a-702c483834c9","order":116,"text":"The Employer has a positive duty under section 47C of the Sex Discrimination Act 1984 (Cth) to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex discrimination and conduct that creates a hostile workplace environment on the ground of sex. The Employer will take such measures, including maintaining policies, providing training, and responding promptly to reports.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"391c6255-3a74-4e07-b383-d3d13749f90a","order":117,"text":"The Employee must not sexually harass any person in connection with work, including another employee, a worker, a prospective employee, a client, a customer, a contractor or a member of the public. The Employee must not engage in discrimination, bullying, victimisation, or conduct that creates a hostile workplace environment on the ground of sex. This obligation applies at the workplace, at any place the Employee attends for work, at work-related events, and in work-related communications, including by electronic means and outside ordinary working hours.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"417085da-f784-4fbc-b42a-477b43bbe90e","order":118,"text":"The Employee acknowledges that a person may be personally liable under section 527D of the FW Act for sexually harassing another person in connection with work, and that the Employer may be vicariously liable under section 527E for the conduct of its employees and agents unless it proves it took all reasonable steps to prevent the conduct.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4a903ba9-3df8-4393-aac1-ea11b51a0cf8","order":119,"text":"The Employee must report any sexual harassment, discrimination, bullying or victimisation the Employee experiences or witnesses to the Employer as soon as practicable. The Employer will treat every report seriously and confidentially so far as is practicable, will investigate it fairly and promptly, and will not victimise any person for making a report in good faith or for participating in an investigation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"23815d85-7783-4729-ae4f-76a32c5ac450","order":120,"text":"A breach of this clause by the Employee is a serious matter and may constitute serious misconduct justifying termination of employment without notice. Nothing in this clause limits any right of the Employee to apply to the Fair Work Commission, the Australian Human Rights Commission or any other body in relation to sexual harassment, discrimination or bullying at work.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"4757659e-4bbc-4c7b-a1f5-d0b80ff752fa","order":121,"text":"19. GENERAL PROTECTIONS AND WORKPLACE RIGHTS","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S19"},{"id":"8fe4669b-41c7-4a68-a676-8945ca86985b","order":122,"text":"The Employer will not take adverse action against the Employee because the Employee has a workplace right, has exercised or proposes to exercise a workplace right, or has not exercised a workplace right, contrary to Part 3-1 of the FW Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9542c568-2bd3-4542-a583-75d2913f1ad9","order":123,"text":"A workplace right includes the entitlement to a benefit under a workplace law or instrument, the ability to initiate or participate in a process or proceeding under a workplace law, the ability to make a complaint or inquiry in relation to the Employee's employment, the ability to give a notification under the clause entitled "Employee Choice Pathway to Permanent Employment", and the right to refuse work-related contact under the clause entitled "Right to Disconnect".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"82e30ee4-1a87-4fee-8f58-de8c613a8ede","order":124,"text":"The Employer will not take adverse action against the Employee because of the Employee's race, colour, sex, sexual orientation, breastfeeding, gender identity, intersex status, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction, social origin, or because the Employee is or is not a member of an industrial association, or because the Employee is subjected to family and domestic violence.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"759145c3-f111-4a69-911d-3ed957e3ceed","order":125,"text":"The Employee is free to become or not become a member of an industrial association, to participate in lawful industrial activities, and to be represented by a representative of the Employee's choice in relation to the employment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"875ce014-e83a-413c-8b15-286d7c97c671","order":126,"text":"20. CONDUCT, PERFORMANCE AND DISCIPLINARY PROCESS","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S20"},{"id":"4d78233b-be12-455b-84aa-448e5fbd330f","order":127,"text":"Where the Employer has a concern about the Employee's conduct or performance, the Employer will ordinarily raise the concern with the Employee, give the Employee a reasonable opportunity to respond, consider the Employee's response before making a decision, and allow the Employee to be accompanied by a support person at any meeting convened to discuss the concern or a possible dismissal.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b8c9ea38-41ab-47ad-8f13-db9e61c79c5e","order":128,"text":"Depending on the nature and seriousness of the matter, the Employer may issue a warning, require additional training or supervision, decline to offer further Engagements, or terminate the employment in accordance with the clause entitled "Termination".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e35a7975-5670-467a-a173-f763b7ed0aa9","order":129,"text":"The Employer may suspend the Employee from duty, on pay for any Engagement the Employee has already accepted, while an allegation of misconduct is investigated. A suspension is not a disciplinary sanction and does not imply any finding.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f8b3ad38-0299-4b2d-903f-cd6f2753abf1","order":130,"text":"This clause sets out the Employer's ordinary approach and does not create an enforceable contractual obligation. It does not limit the Employer's right to terminate the employment for serious misconduct without notice.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"b2024eac-5e58-4713-8bf1-8a638143ccf0","order":131,"text":"21. UNFAIR DISMISSAL AND MINIMUM EMPLOYMENT PERIOD","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S21"},{"id":"2f2389a0-7bdb-411f-b0ea-bc1c49d0efa6","order":132,"text":"A period of service as a casual employee counts towards the minimum employment period for the purposes of unfair dismissal under Part 3-2 of the FW Act only if the employment was on a regular and systematic basis and, during that period, the Employee had a reasonable expectation of continuing employment on a regular and systematic basis.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"865e596e-3a97-47ff-9538-c34a550d62d4","order":133,"text":"Where those requirements are met, the relevant minimum employment period is 6 months, the Employer not being a small business employer. Completing that period is necessary but not sufficient: under section 382 of the FW Act the Employee is a person protected from unfair dismissal only if, in addition, a modern award covers the Employee, or an enterprise agreement applies to the Employee, or the Employee's annual rate of earnings is less than the high income threshold set by the Fair Work Commission.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"5e0299f1-2217-4568-84ea-e12303f9c17d","value":"15 or more employees","type":"add","operator":"="}]},{"id":"e931ebfc-ccc2-4f26-a783-0cc29a3ec774","order":134,"text":"Where those requirements are met, the relevant minimum employment period is 12 months, the Employer being a small business employer. Completing that period is necessary but not sufficient: under section 382 of the FW Act the Employee is a person protected from unfair dismissal only if, in addition, a modern award covers the Employee, or an enterprise agreement applies to the Employee, or the Employee's annual rate of earnings is less than the high income threshold set by the Fair Work Commission. The Employer will have regard to the Small Business Fair Dismissal Code in effecting any dismissal.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"5e0299f1-2217-4568-84ea-e12303f9c17d","value":"Fewer than 15 employees (small business employer)","type":"add","operator":"="}]},{"id":"4795b24c-8ca5-41f2-ba01-0956d4c54928","order":135,"text":"Nothing in this Contract limits the Employee's right to make an application to the Fair Work Commission for an unfair dismissal remedy, a general protections application, a stop sexual harassment order or a stop bullying order, where the Employee is eligible to do so.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"20d75a0c-72a8-46f7-a0a8-b9003507fa9f","order":136,"text":"22. LICENCES, CHECKS AND CLEARANCES","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S22"},{"id":"30137ef2-6d3b-43a7-bf0f-a879a1407676","order":137,"text":"The Employee must hold and maintain, at all times during the employment, every licence, ticket, registration, qualification, working with children check, police check, immunisation record and other clearance that is required by law, by the Employer's clients, or by the Employer for the performance of the position.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2573bbdd-3c90-47ce-868c-9761a1541d71","order":138,"text":"The Employee must produce evidence of each such licence, check or clearance on request, and must notify the Employer immediately if any of them expires, is suspended, is cancelled, is refused, or becomes subject to a condition affecting the Employee's capacity to perform the position.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a23bb226-e5b0-443e-8737-3c7368a1503d","order":139,"text":"The Employer may require the Employee to undergo, or to consent to, a check or clearance that is reasonably necessary for the position and permitted by law. Where the Employee ceases to hold a licence, check or clearance that is essential to the position, the Employer may decline to offer further Engagements and may terminate the employment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0a7e2414-7981-489f-b21d-3adeef00f92d","order":140,"text":"The Employee warrants that the Employee is an Australian citizen or permanent resident, or holds a valid visa permitting the Employee to perform the work, and must notify the Employer immediately of any change to the Employee's work rights or visa conditions, including any limit on the hours the Employee may lawfully work.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"b680e1dc-c7a9-46e1-a911-c47d6579c8eb","order":141,"text":"23. UNIFORM, EQUIPMENT AND EXPENSES","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S23"},{"id":"6ffbabc6-006c-4fff-bde4-e18bd2b86c97","order":142,"text":"The Employer will provide the Employee with any tools, equipment and personal protective equipment reasonably necessary for the performance of the position. That property remains the property of the Employer and must be used only for the purposes of the employment, kept secure, and returned on request or on termination.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"20032676-cbf6-45c2-8eef-a0413356d5bf","order":143,"text":"Where a uniform or protective clothing is required, the Employer will provide it or pay any applicable uniform or laundry allowance in accordance with any applicable modern award or enterprise agreement. The Employee must wear the uniform and present in accordance with the Employer's standards while on duty.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"87453657-3038-4801-96be-02ee853600da","order":144,"text":"The Employer will reimburse the Employee for reasonable expenses properly and necessarily incurred in the performance of the Employee's duties, where the expense is approved in advance by the Employer and supported by a receipt or other satisfactory evidence. The Employer will pay any allowance required by an applicable modern award or enterprise agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"59d7ee6c-adab-424e-91aa-a75f4f442ed8","order":145,"text":"The Employee must not incur any expense on the Employer's account, or enter into any commitment binding the Employer, without prior authorisation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"ddb9a447-6c78-484b-bfd2-71861f170db8","order":146,"text":"24. INDUCTION AND TRAINING","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S24"},{"id":"3d6a2593-2caa-4cce-8c04-48dfbb3a9bc7","order":147,"text":"The Employee must complete any induction, training or competency assessment that the Employer reasonably requires for the position, including training relating to work health and safety, sexual harassment prevention, discrimination, privacy and the Employer's policies.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"bb2de631-6cda-4514-8679-bffd1fb4902e","order":148,"text":"Where the Employer directs the Employee to attend induction, training or an assessment, the time spent attending is time worked and is paid at the Employee's applicable rate, in accordance with any applicable modern award or enterprise agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c08458e7-a72a-4131-a416-5bc5190ecbdf","order":149,"text":"The Employee must not perform any task for which the Employee has not been trained or is not competent, and must inform the Employer if the Employee is asked to do so.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"53d74890-13b2-41c3-b789-65224f38a6fa","order":150,"text":"25. WORKPLACE SURVEILLANCE AND MONITORING","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S25"},{"id":"e5b62001-74d2-432d-81ad-4f7120f38d7d","order":151,"text":"The Employer may conduct surveillance and monitoring at the workplace, including camera surveillance, computer and network monitoring, and tracking of Employer vehicles and devices, for the purposes of security, work health and safety, protection of property, and compliance with the Employer's policies and legal obligations.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"985b6b08-a777-49f1-b719-3ea99a38bdc3","order":152,"text":"Any surveillance will be conducted in accordance with the applicable workplace surveillance and privacy legislation, including any requirement to give prior written notice of surveillance, and in accordance with the Employer's policies. This clause constitutes notice of surveillance to the extent permitted by law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ef6694cb-8fff-4299-bd7a-f4b96dfeb079","order":153,"text":"The Employee should have no expectation of privacy in relation to the Employee's use of the Employer's systems, devices, accounts or premises, except to the extent conferred by law. The Employee must not conduct any recording or surveillance of any person at the workplace without the Employer's prior written consent and the consent of the person recorded, except as permitted by law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"462e41a3-09d2-4f64-92e1-df72a2256608","order":154,"text":"26. SOCIAL MEDIA AND PUBLIC COMMENT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S26"},{"id":"5ff1be78-7b81-4716-bd4d-9c5b3e4a7ab3","order":155,"text":"The Employee must not, on social media or in any other public forum, disclose Confidential Information; publish material that identifies a client, customer or colleague without consent; represent that the Employee speaks for the Employer without authorisation; or publish material that is likely to damage the Employer's reputation or that would breach the clause entitled "Sexual Harassment, Discrimination and Bullying".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7ce590c4-b9ce-4fde-af5f-a271a57a82ad","order":156,"text":"The Employee must not make any public comment or give any statement to the media in relation to the Employer or its business without the Employer's prior authorisation, and must refer any media enquiry to the Employer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"24d12f2c-16b6-4b42-99c2-b523395add5d","order":157,"text":"This clause does not restrict the Employee's lawful participation in industrial activity, the making of a protected disclosure, the making of a complaint or inquiry in relation to the Employee's employment, or the expression of the Employee's personal views on matters unconnected with the Employer where the Employee is not identifiable as an employee of the Employer.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"024b9165-6934-43f0-8a94-4608eebb1df8","order":158,"text":"27. NON-SOLICITATION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S27"},{"id":"ac244ccb-57d2-4414-9e2b-2e1c50559749","order":159,"text":"For a period of 6 months after the employment ends, the Employee must not, in connection with a business that competes with the Employer, and using Confidential Information or a business connection acquired during the employment, solicit or entice away any client or customer of the Employer with whom the Employee had material dealings in the 12 months before the employment ended.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2675fe8d-cb90-4c52-87a2-52d13ba7dfe7","order":160,"text":"For that same period, the Employee must not solicit or entice away any person who was an employee or contractor of the Employer with whom the Employee worked in the 12 months before the employment ended, for the purpose of engaging that person in a competing business.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"87336343-1fd0-4844-bfae-05259aa71c59","order":161,"text":"This clause does not restrain the Employee from being employed by, or providing services to, any other person or business, including a competitor of the Employer. It restrains solicitation only.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"71d6050e-c4ea-4078-8bc5-47b82bd8ea70","order":162,"text":"The Parties agree that this clause is reasonable and goes no further than is necessary to protect the Employer's legitimate business interests. If any part of it is found to be unreasonable or unenforceable, it is to be read down to the extent necessary, and if it cannot be read down, that part is severed and the remainder continues to apply.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"09d0c1ca-ba10-4d94-b1dc-f01e0d5502ea","order":163,"text":"28. CONFIDENTIAL INFORMATION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S28"},{"id":"b8c04ea6-ec8e-4454-9d73-f83a16a75007","order":164,"text":"Confidential Information means all information of or relating to the Employer or its clients, customers, suppliers or related bodies corporate that is not in the public domain, including trade secrets, know-how, pricing, margins, financial information, business plans, client and customer lists and contact details, supplier arrangements, marketing strategies, software, systems, processes, methodologies and personal information of employees and clients, in whatever form recorded.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"acd5369e-0f68-4ac2-9b25-d9cadd37afc7","order":165,"text":"The Employee must not, during the employment or at any time after it ends, use or disclose any Confidential Information other than for the proper performance of the Employee's duties, or as required by law or by an order of a court or tribunal.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7efee1f5-aafa-476f-b228-113f1caee60b","order":166,"text":"The Employee must take all reasonable steps to keep Confidential Information secure, must not copy or remove it from the Employer's premises or systems except as required for the performance of the Employee's duties, and must return or destroy all Confidential Information and all Employer property on request or on termination of the employment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"612e348d-7e71-4117-9adb-efbbef9c78b9","order":167,"text":"This clause does not prevent the Employee from making a disclosure that is protected under Part 9.4AAA of the Corporations Act 2001 (Cth), the Public Interest Disclosure Act 2013 (Cth) or any other whistleblower protection law, from disclosing information to the Fair Work Ombudsman or a regulator, or from making a complaint or inquiry in relation to the Employee's employment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"cd79a059-d24c-46a5-91a1-66232731a7e1","order":168,"text":"The obligations in this clause survive the termination of this Contract.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"e25b670a-925a-4f4a-81bb-08ec02e5e111","order":169,"text":"29. INTELLECTUAL PROPERTY","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S29"},{"id":"e79a0fa4-1202-4992-8078-12b84f12ced7","order":170,"text":"All intellectual property rights in any work, invention, design, improvement, process, software, documentation or other material created by the Employee in the course of the employment, or that relates to the Employer's business and is created using the Employer's time, resources or Confidential Information, vest in the Employer on creation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a5e2f99c-007b-4a42-abea-58935e979804","order":171,"text":"To the extent that any such rights do not vest automatically, the Employee assigns them to the Employer on creation, and must do all things and execute all documents reasonably necessary to give effect to that assignment, including after the employment ends.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b790e86f-81b7-4586-863b-26c3857029d5","order":172,"text":"To the extent permitted by the Copyright Act 1968 (Cth), the Employee consents to the Employer and its licensees doing or omitting to do any act that would otherwise infringe the Employee's moral rights, including using, altering, adapting or reproducing the material without attribution.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"226c83d0-fbe7-4bee-ae65-d64e32c74330","order":173,"text":"30. PRIVACY AND PERSONAL INFORMATION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S30"},{"id":"d0487cee-68b6-460e-a72b-83cf41a8eb67","order":174,"text":"The Employer collects, holds, uses and discloses personal information about the Employee for purposes connected with the employment, including payroll, superannuation, taxation, rostering, work health and safety, performance management and compliance with the Employer's legal obligations.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6a1b9d65-345c-4ee9-ba5b-df86173859b0","order":175,"text":"The Employer handles personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (to the extent they apply) and the Employer's privacy policy as in force from time to time. The Employer may disclose personal information to third parties such as superannuation funds, payroll providers, insurers and government agencies where necessary for those purposes or where required by law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"055c9012-1aa8-4d6b-aac6-75e72f0ede0a","order":176,"text":"The Employee must handle personal information of other employees, clients and customers in accordance with the Privacy Act 1988 (Cth) and the Employer's policies, and must not access, use or disclose such information except as required for the proper performance of the Employee's duties.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"28186760-488b-457d-a753-cb56fb875930","order":177,"text":"The Employee must keep the Employer informed of any change to the Employee's contact details, bank account details, tax file number declaration, work rights or any licence, ticket, qualification or clearance required for the position.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"4a397cd3-c4e7-4dfb-8dd1-57387843a145","order":178,"text":"31. WORK HEALTH AND SAFETY","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S31"},{"id":"7b40511e-abbe-460b-8475-6e99b48671da","order":179,"text":"The Employer will, so far as is reasonably practicable, provide and maintain a working environment that is safe and without risks to health, in accordance with the applicable work health and safety legislation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e33e20e9-8f50-4006-8f46-53639a133ed9","order":180,"text":"The Employee must take reasonable care for the Employee's own health and safety and for the health and safety of others; comply with any reasonable instruction and cooperate with any reasonable policy or procedure of the Employer relating to health and safety; correctly use any equipment or personal protective equipment provided; and report any hazard, incident, injury or near miss to the Employer as soon as practicable.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9eab8749-aef2-4339-a8c1-7cd6cd4d8e2d","order":181,"text":"The Employee must not attend work while under the influence of alcohol or any drug that impairs the Employee's ability to work safely, and must notify the Employer of any medical condition or medication that may affect the Employee's capacity to perform the duties safely.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a81a967e-3b76-4dd6-b640-c75de7907b8c","order":182,"text":"The Employer will maintain workers compensation insurance in accordance with the applicable State or Territory legislation.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"776e3561-6231-4a1b-a35f-596e59cdcf1f","order":183,"text":"32. OTHER EMPLOYMENT AND CONFLICTS OF INTEREST","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S32"},{"id":"418fc1de-9e92-4e94-91c1-b43a59b31466","order":184,"text":"The Employer acknowledges that, as a casual employee with no guaranteed hours, the Employee is free to engage in other employment or business activity, including with other employers.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"66a1e033-e350-4059-85dd-c336d0181c1b","order":185,"text":"The Employee must not, however, engage in any activity that conflicts with the Employee's obligations under this Contract, that involves the use or disclosure of Confidential Information, or that would prevent the Employee from safely performing an Engagement the Employee has accepted. The Employee must disclose to the Employer any actual or potential conflict of interest as soon as the Employee becomes aware of it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"786e8ba8-179f-4a2b-a064-8577979ecf49","order":186,"text":"The Employee must inform the Employer of any other employment where the combined hours may affect compliance with work health and safety obligations, with any applicable fatigue management requirement, or with the maximum weekly hours provisions of the FW Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"3c09d67f-d6d7-4282-b8a6-f27be4f505e1","order":187,"text":"33. TERMINATION","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S33"},{"id":"7a511489-8fb7-41fe-94b8-919851e4fedf","order":188,"text":"As a casual employee, the Employee is not entitled to notice of termination or payment in lieu of notice under section 123(1)(c) of the FW Act, or to redundancy pay. The Casual Loading compensates the Employee for the absence of those entitlements.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"17297e79-d9a2-4bab-a056-67b87ad55d1d","order":189,"text":"Either Party may end the employment relationship at any time by giving the other Party notice of one hour, or such notice as is required by any applicable modern award or enterprise agreement, whichever is the greater. The Employee remains obliged to complete any Engagement the Employee has accepted, unless excused by the Employer or prevented by illness, injury or other reasonable cause.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9c0bdc8d-d0ba-449c-9e10-e1d7c707e0e1","order":190,"text":"The Employer may end the employment relationship without notice where the Employee engages in serious misconduct within the meaning of regulation 1.07 of the Fair Work Regulations 2009 (Cth), including theft, fraud, assault, intoxication at work, sexual harassment, or wilful or deliberate behaviour that is inconsistent with the continuation of the employment. Before doing so, the Employer will ordinarily follow the process described in the clause entitled "Conduct, Performance and Disciplinary Process".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e599d105-5ab1-4f25-bce0-3999ae9e63ea","order":191,"text":"The completion or non-renewal of an Engagement is not a termination of the employment relationship and does not, of itself, constitute a dismissal.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c54975b0-e10f-410b-9f5c-2c2e20d5cfe9","order":192,"text":"On termination, the Employee must immediately return all property of the Employer in the Employee's possession or control, including keys, access passes, uniforms, equipment, devices, documents and all copies of Confidential Information, and must delete any Employer data held on the Employee's personal devices or accounts.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b2604767-c2f4-4db8-b24f-656928ebfa41","order":193,"text":"On termination, the Employer will pay the Employee all amounts owing for hours worked up to and including the last day worked, together with any other amount required by law, in accordance with the FW Act and any applicable fair work instrument.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"1a011a6a-bb5b-4a9d-9994-3f8b84c53351","order":194,"text":"Nothing in this clause limits any right the Employee may have to make an application under Part 3-2 (unfair dismissal) of the FW Act, where the Employee is eligible, or under Part 3-1 (general protections).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"01b2eb69-66ff-45e8-a0f1-27c8ad680efa","order":195,"text":"34. RIGHT TO DISCONNECT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S34"},{"id":"3e0f0575-63e7-4d03-980a-db54a7faff36","order":196,"text":"The Employee may refuse to monitor, read or respond to contact, or attempted contact, from the Employer or from a third party where the contact relates to work and is outside the Employee's working hours, unless the refusal is unreasonable, in accordance with section 333M of the FW Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9d11ef5c-db31-49ed-8fe9-22ddc5ff3bdd","order":197,"text":"In determining whether a refusal is unreasonable, regard must be had to the reason for the contact; how the contact is made and the level of disruption it causes; the extent to which the Employee is compensated for being available or for working additional hours; the nature of the Employee's role and level of responsibility; and the Employee's personal circumstances, including family or caring responsibilities.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"57f907ce-13d6-42d0-8c13-1b235e86fb05","order":198,"text":"The Parties acknowledge that an offer of an Engagement made outside the Employee's working hours is a normal incident of casual employment, and that the Employee is not obliged to monitor for, or respond to, such an offer. The Employee's failure to respond to an offer is not a breach of this Contract and will not, of itself, adversely affect any future offer of work.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"461f9cc8-c331-4e58-be01-edeba1280036","order":199,"text":"A dispute about the Employee's right to disconnect must first be discussed between the Parties at the workplace level. If the dispute is not resolved, either Party may apply to the Fair Work Commission.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"35d10fb5-df0e-4517-a83e-dc1c30cdba3a","order":200,"text":"35. GENERAL PROVISIONS","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S35"},{"id":"81ea17ab-c577-4310-beda-51ebafec79f0","order":201,"text":"Entire agreement. This Contract constitutes the entire agreement between the Parties in relation to the employment and supersedes all prior agreements, understandings, representations and negotiations, whether oral or written. The Employee acknowledges not having relied on any representation not set out in this Contract.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e8b118ee-b910-4485-85b1-92ca32f4cf61","order":202,"text":"Variation. This Contract may be varied only by a document in writing signed by both Parties, except that the Employer may vary the Employee's rate of pay by giving written notice, provided the varied rate is not less than the applicable minimum, and except where a variation is required by law or takes effect under the clause entitled "Employee Choice Pathway to Permanent Employment".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9838121e-2063-445b-8b96-9ab1c53328e3","order":203,"text":"Severability. If any term of this Contract is or becomes void, voidable, illegal or unenforceable, it is to be read down to the extent necessary to make it valid and enforceable, or, if it cannot be read down, it is severed, and the remaining terms continue in full force and effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a07e68a7-3261-4f82-93ad-8f00c8307ffe","order":204,"text":"No waiver. A failure or delay by a Party to exercise a right under this Contract does not operate as a waiver of that right, and a single or partial exercise of a right does not preclude any further exercise of it. A waiver is effective only if given in writing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"67e97525-5e9f-4984-8a59-9309cb70c1ea","order":205,"text":"Assignment. The Employee may not assign or subcontract any right or obligation under this Contract. The Employer may assign its rights and obligations to a related body corporate or to a purchaser of its business, and the Employee consents to that assignment.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"94f71688-a75b-4a05-9219-07d4627daf85","order":206,"text":"Notices. A notice under this Contract must be in writing and given personally, by post to the Party's address stated in this Contract, or by email to an address notified by the Party. A notice is taken to be received when delivered personally, on the third business day after posting, or, in the case of email, at the time it enters the recipient's information system, unless the sender receives a delivery failure notification.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2ae47821-7db4-49a4-b9de-d0ab132bc8ed","order":207,"text":"Survival. The clauses entitled "Confidential Information", "Intellectual Property", "Privacy and Personal Information", "Non-Solicitation", "Social Media and Public Comment" and "Casual Loading Set-Off", and any other clause which by its nature is intended to survive, continue in force after the termination of this Contract.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"693a334e-b7d2-4cd9-b1e8-cdc071f5c223","order":208,"text":"Dispute resolution. Where a dispute arises in relation to this Contract or the employment, the Parties must first attempt to resolve it by discussion at the workplace level between the Employee and the Employee's immediate supervisor, and then, if unresolved, between the Employee and more senior management. The Employee may appoint a representative for the purpose of the discussions. If the dispute remains unresolved, either Party may refer it to the Fair Work Commission or to another appropriate court or tribunal. Work continues in accordance with this Contract while a dispute is being resolved, unless there is a reasonable concern about an imminent risk to health or safety.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0cf50f14-0f70-4b71-a56b-3ab94b3e19de","order":209,"text":"Governing law. This Contract is governed by the law of New South Wales and of the Commonwealth of Australia. The Parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and of the Commonwealth, and of any court competent to hear appeals from them.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4126cc4c-91d6-4682-886c-38a6bd46b4b5","order":210,"text":"Counterparts. This Contract may be executed in any number of counterparts, and by electronic signature, and all counterparts together constitute one instrument.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"814f5354-78ff-430e-a183-aa31536eba61","order":211,"text":"36. EMPLOYEE ACKNOWLEDGEMENT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"10","cflou":false,"active":true,"marginTop":"15","sectionNum":"S36"},{"id":"253c306e-058e-492b-92e7-a8b3a19c6d4c","order":212,"text":"The Employee acknowledges having read and understood this Contract; having had a reasonable opportunity to obtain independent legal advice before signing; that the Employee is engaged as a casual employee with no guarantee of continuing or indefinite work and no guaranteed hours; that the Casual Loading is paid in compensation for the entitlements casual employees do not receive; and that the Employee has received the Casual Employment Information Statement and the Fair Work Information Statement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"69badec4-9cfd-4c3e-8cbc-c5481753d450","order":213,"text":"The Employee warrants that the Employee is entitled to work in Australia, and holds and will maintain every licence, ticket, qualification and clearance required for the position, and will notify the Employer immediately if any of them lapses, is suspended or is cancelled.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"a334bab8-9a33-405f-b492-33a85c648482","order":214,"text":"EXECUTED AS AN AGREEMENT","fontSize":"16","textAlign":"left","bold":true,"underline":true,"marginBottom":"15","cflou":false,"active":true,"marginTop":"20"},{"id":"a771b287-56db-4146-bb8c-12acd7ff8776","order":215,"text":"Dated: [Date of signing]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"f0fc1500-dc2e-4cda-b9c1-0c3c90df8651","order":216,"text":"SIGNED for and on behalf of the Employer","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"804aa99c-6814-4c85-b44d-f4ed7a8c2104","value":"a company or other incorporated entity","type":"add","operator":"="}]},{"id":"4e8df097-7333-448f-b742-9e0d4b168241","order":217,"text":"SIGNED by the Employer","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"804aa99c-6814-4c85-b44d-f4ed7a8c2104","value":"an individual, partnership or sole trader","type":"add","operator":"="}]},{"id":"cf9913bb-7454-421b-aaee-4d32af0405a6","order":218,"text":"[Employer name] [ACN / ABN]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"804aa99c-6814-4c85-b44d-f4ed7a8c2104","value":"a company or other incorporated entity","type":"add","operator":"="}]},{"id":"8fb6b224-bc04-4440-8831-c62bf4d4dd3e","order":219,"text":"[Employer name] ABN [ABN]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true,"displayConditions":[{"field":"804aa99c-6814-4c85-b44d-f4ed7a8c2104","value":"an individual, partnership or sole trader","type":"add","operator":"="}]},{"id":"0a98369d-3343-460c-b969-ef78d12ef1f6","order":220,"text":"by its duly authorised representative:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true,"displayConditions":[{"field":"804aa99c-6814-4c85-b44d-f4ed7a8c2104","value":"a company or other incorporated entity","type":"add","operator":"="}]},{"id":"2e74da57-4a9b-4da4-937e-b388e61a3211","order":221,"text":"Signature: .............................................","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a42d2836-3c04-4ad1-bc19-087cf0d71607","order":222,"text":"Name: [Name of employer signatory]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"804aa99c-6814-4c85-b44d-f4ed7a8c2104","value":"a company or other incorporated entity","type":"add","operator":"="}]},{"id":"178825c3-92b0-48d2-bab1-3be33e7c4831","order":223,"text":"Name: [Name of employer signatory]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"804aa99c-6814-4c85-b44d-f4ed7a8c2104","value":"an individual, partnership or sole trader","type":"add","operator":"="}]},{"id":"901368ec-e80a-407e-a821-dd6d086420da","order":224,"text":"Position: [Position of signatory]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"804aa99c-6814-4c85-b44d-f4ed7a8c2104","value":"a company or other incorporated entity","type":"add","operator":"="}]},{"id":"32ade574-bd1d-43b8-82c3-a1af59bbc0c2","order":225,"text":"Date: .............................................","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"25","cflou":false,"active":true},{"id":"229ced81-f9b9-4a9d-90d7-bc0c1d8a39b5","order":226,"text":"SIGNED by the Employee","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6a0f8bb5-a2f8-4160-b8c9-5da0a07e7c0c","order":227,"text":"[Employee full name]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"7d609c5c-36d3-46b3-9071-ad258768d4d3","order":228,"text":"Signature: .............................................","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"dcd46090-e704-4459-9d7b-c407ac20361b","order":229,"text":"Date: .............................................","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"30","cflou":false,"active":true},{"id":"91ba1b4c-18ac-4e99-a817-757e3fada58c","order":230,"text":"SCHEDULE 1","fontSize":"20","textAlign":"center","bold":true,"underline":false,"marginBottom":"5","cflou":false,"active":true,"marginTop":"30"},{"id":"0ebdf38d-3902-4d8b-adcc-7dc27a1a11bf","order":231,"text":"CASUAL EMPLOYMENT INFORMATION STATEMENT","fontSize":"16","textAlign":"center","bold":true,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"1178707a-82bb-4058-852d-8f2c01fcc212","order":232,"text":"Given under section 125B of the Fair Work Act 2009 (Cth)","fontSize":"12","textAlign":"center","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"973eff13-5ce7-43d6-925e-a6d65024a107","order":233,"text":"This Statement provides information about casual employment, the meaning of casual employee, and the pathway to full-time or part-time employment. It is given to the Employee in accordance with section 125B of the FW Act. The Fair Work Ombudsman publishes the authoritative version of the Casual Employment Information Statement, and the version in force at the time of each issue is the version that must be given.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"5cda228d-e2be-4941-ab73-1eee7197c175","order":234,"text":"What is a casual employee?","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"53ab171f-1000-448b-b30f-2d73f7d41a58","order":235,"text":"A person is a casual employee if, when they are offered a job and accept it, the employment relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work, and they are entitled to a casual loading or a specific casual rate of pay under an award, registered agreement or their employment contract.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0d8efdfc-b146-4fd7-9a77-1b24b5af105d","order":236,"text":"Whether there is an absence of a firm advance commitment is assessed by reference to the real substance, practical reality and true nature of the employment relationship, and not only by what is written in the contract. The assessment considers whether the employer can choose to offer work and the employee can choose to accept or reject it; whether it is reasonably likely there will be future work of the kind the employee usually performs; whether there are full-time or part-time employees doing the same kind of work; and whether there is a regular pattern of work.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a262bd98-da69-4447-858a-128f4b4d48ff","order":237,"text":"An employee who works a regular pattern of hours may still be a casual employee. A regular pattern of work does not by itself mean there is a firm advance commitment to continuing and indefinite work.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"3bbfd4e6-d64d-4cca-bfd7-799518939039","order":238,"text":"Casual loading and entitlements","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0c630eee-2044-41c2-9c03-302cbc27e88a","order":239,"text":"Casual employees are paid a casual loading, or a specific casual rate of pay, instead of certain entitlements that full-time and part-time employees receive. Those entitlements are paid annual leave, paid personal/carer's leave, paid compassionate leave, payment for public holidays not worked, notice of termination and redundancy pay.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"30c227d0-1ed0-4153-98a4-fbbc4a47716d","order":240,"text":"Casual employees are entitled to other NES entitlements, including 10 days of paid family and domestic violence leave each year, unpaid carer's leave, unpaid compassionate leave, unpaid community service leave, the right to be absent on a public holiday, the right to disconnect, offers and requests to convert to permanent employment, and the Fair Work Information Statement and this Statement. Casual employees who have been employed on a regular and systematic basis for at least 12 months may also be entitled to unpaid parental leave and to long service leave under State or Territory law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"43e66d8b-c68c-46e6-80ba-c043cd4a7b82","order":241,"text":"Changing to permanent employment — employee choice","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"cca72bee-d2ae-41ef-8612-d4913680ac21","order":242,"text":"Eligible casual employees can notify their employer in writing that they want to change to full-time or part-time employment. This is called the employee choice pathway.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"105ee14e-d984-46d2-b809-15973cba51c7","order":243,"text":"A casual employee can give a notice if they have been employed for at least 6 months (or at least 12 months if their employer is a small business employer with fewer than 15 employees), and they believe they no longer meet the definition of a casual employee.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"76e2d6d5-4a0f-48b8-af79-9f1aa8634b1d","order":244,"text":"An employee cannot give a notice if there is an ongoing dispute with the employer about casual conversion, or if in the last 6 months the employer refused a previous notice or a dispute about casual conversion was resolved.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"339dc1d6-b5ac-4223-b51b-60f2986a3f38","order":245,"text":"Before responding, the employer must consult the employee about whether they would become full-time or part-time, what their hours would be, and when the change would take effect. The employer must give a written response within 21 days of the notice, accepting or refusing it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d84e1551-0d04-4f28-82a2-a0101e55f7f1","order":246,"text":"An employer can only refuse a notice if the employee still meets the definition of a casual employee, if there are fair and reasonable operational grounds, or if accepting it would mean not complying with a recruitment or selection process required by law. If the employer refuses, it must give reasons in writing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b6aad673-956a-453d-8980-1141101e0ff1","order":247,"text":"If the employer accepts the notice, the change takes effect from the first day of the employee's first full pay period starting after the response is given, unless the employee and employer agree on another day.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"7d45a9eb-43b2-4a7d-bfe8-e1aa124c35e4","order":248,"text":"Disputes","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e34a4119-3ce3-450a-ab66-6c9ea4e50c7f","order":249,"text":"If an employee and employer disagree about casual conversion or the employee's status, they should first try to resolve the matter by discussion at the workplace. If the matter is not resolved, either party can apply to the Fair Work Commission to deal with the dispute.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"86aae965-0a13-440d-a641-f803657a3bed","order":250,"text":"An employer must not dismiss an employee, or reduce or vary their hours, to avoid an obligation under the casual employment provisions of the FW Act. Doing so may be unlawful under the general protections provisions.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"dfe79e71-2f13-4998-8166-e21ba853a22a","order":251,"text":"Where to get help","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"77ac360f-5d62-44fc-8a68-f9bdbb77ba0e","order":252,"text":"The Fair Work Ombudsman provides free advice and information about rights and obligations in the workplace, including the current version of this Statement, at fairwork.gov.au or on 13 13 94. The Fair Work Commission is the national workplace relations tribunal and can deal with disputes about casual conversion, at fwc.gov.au or on 1300 799 675.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8fc650fe-e8a9-4de8-b622-a2ddf5c5070f","order":253,"text":"This Statement is given in addition to, and does not replace, the Fair Work Information Statement, which the Employer must also give the Employee under section 125 of the FW Act. The Fair Work Ombudsman publishes both Statements, and the version of each Statement in force at the time it is given is the version that applies.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"79143662-edf6-4675-bf99-81c0940e63d7","order":254,"text":"Receipt of this Statement","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3427c60b-70a3-4327-bb56-751a1db72fd4","order":255,"text":"The Employee acknowledges receipt of this Casual Employment Information Statement on [Date the Statement is given].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"15","cflou":false,"active":true},{"id":"fe66ffe2-0bc6-44b5-a1bd-a3eebe22dee0","order":256,"text":"Employee signature: .............................................","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f05d32af-827f-4aaf-8acf-3d01331c4683","order":257,"text":"Name: [Employee full name]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c3fdcc2f-56e8-4643-a195-00b710573e3e","order":258,"text":"Date: .............................................","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"30","cflou":false,"active":true},{"id":"7a469728-d2dc-4d22-9da7-1fe93b76b0a6","order":259,"text":"SCHEDULE 2","fontSize":"20","textAlign":"center","bold":true,"underline":false,"marginBottom":"5","cflou":false,"active":true,"marginTop":"30"},{"id":"3cd3cf27-e615-43cc-9810-be207c0fbaf8","order":260,"text":"POSITION DESCRIPTION","fontSize":"16","textAlign":"center","bold":true,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"0815ae09-4f2c-4712-a3ac-eb1266ec8fa3","order":261,"text":"Position title: [Position title]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e8e1191c-2c86-4732-aeba-3b16006ba509","order":262,"text":"Reports to: [Reports to]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ab80cc29-5b69-4805-b48f-25df0a10e8c9","order":263,"text":"Place of work: [Place of work]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"cf9849ef-a683-4885-b155-613db743e56a","order":264,"text":"Classification: [Classification level]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1b00b306-3fa5-4ef4-95fe-bdb50ad77bb2","value":"Covered by a modern award or enterprise agreement","type":"add","operator":"="}]},{"id":"a1c9d7bc-47a0-4616-a217-e05e030daa62","order":265,"text":"Classification: award-free and agreement-free.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1b00b306-3fa5-4ef4-95fe-bdb50ad77bb2","value":"Award-free and agreement-free","type":"add","operator":"="}]},{"id":"5c0a9852-208a-4f2c-81de-5157af462bba","order":266,"text":"Employment type: Casual, within the meaning of section 15A of the Fair Work Act 2009 (Cth).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"45e64dae-70cd-4de9-a911-0fe052bb0eda","order":267,"text":"Principal duties and responsibilities","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7a47b152-ad20-40ee-b75d-a6ba81d0e90e","order":268,"text":"[Principal duties of the position]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"1876d81a-3ae3-4552-9f8c-22c5298ccd0a","order":269,"text":"Requirements of the position","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d7a12561-8611-4b46-b852-ab4e640e4741","order":270,"text":"[Skills, experience, licences, checks and clearances required]","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"07e91e52-97a4-4805-a6af-557088dbc441","order":271,"text":"This position description describes the position as at the Commencement Date. The Employer may vary it from time to time, acting reasonably, in accordance with the clause entitled "Position and Duties". Where this position description is inconsistent with the terms of the Contract, the Contract prevails.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true}]