The Public Sector Employment and Management Act 2002 introduced a new category of casual employment within the public service. Guidelines on casual employment were negotiated with the major public sector unions, principally the Public Service Association, to enable the operation of this aspect of the Act. These Guidelines have been issued and will become operational on 12 April 2004 (refer to Circular 46 of 2003). Additionally, as part of the introduction of casual employment, provisions were required in the Conditions of Employment Award to cover the employment entitlements for casual employees.

I can now advise that the Crown Employees (Public Service Conditions of Employment) Award 2002 has been varied by the Industrial Relations Commission of NSW to include provisions relating to casual employees. The award variation will be operative from 12 April 2004, to coincide with the commencement of the Guidelines in respect of casual employment.

In summary, the award provides:

• Loadings of
  • 15% for Mondays to Fridays
  • 50% for Saturdays
  • 75% for Sundays
  • 150% for Public Holidays
• The loadings are in recognition of the casual nature of employment and all incidence of employment, except where provisions expressly apply to casual employees
• An additional payment of 1/12th in lieu of annual leave
• Minimum period of engagement of 3 hours
• Maximum period of engagement of 9 hours (excluding meal breaks) without the payment of overtime, except where longer periods are permitted under another award or Clause 10 local arrangement or where the usual pattern of hours is for a longer period
• Overtime is paid at the overtime rates set out in Clause 94 of the Award, and based on the ordinary hourly rate plus 15% loading
• Statutory leave for casuals, viz, parental leave in accordance with the Industrial Relations Act 1996 and Long Service Leave in accordance with the Long Service Leave Act 1955.

A copy of the variation is attached for information.

It should be noted that the above provisions do not apply where an agency has an existing industrial instrument (ie an award, enterprise agreement, determination, etc) that provides conditions of employment for casual employees within that agency or within a particular classification. These existing arrangements will continue to apply until such time as they are re-negotiated in the usual way.

Additionally, the above does not apply to casual employees engaged under legislation other than the Public Sector Employment and Management Act 2002. For example, it does not apply to casual employees engaged under the Teaching Services Act 1980 or the Area Health Services Act 1986 as staff engaged under these acts are not covered by the Crown Conditions of Employment Award.

Any questions concerning this matter should be directed to your agency's employee relations client contact officer in the PEO.

C Gellatly
Director-General

Issued : Employee Relations and Workforce Planning Services ( Public Employment Office)
File no: PSM/04596 Part 3
Date:
This circular does not supersede any other Memorandum/Circular
_____________________________________________________

Related to C2003-46
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Matter No. 2551 of 2003 - Application by the Public Service Association of NSW to vary the Crown Employees (Public Service Conditions of Employment) Award 2002 (338 IG 837)

AMENDED SCHEDULE A

1. Insert the following in CLAUSE 3 DEFINITIONS in alphabetical order

"Ordinary hourly rate of pay" means the hourly equivalent of the annual rate of pay of the classification as set out in the CE Salaries Award calculated using the formula set out in Clause 11A, Casual employment.

"Casual Employee" means any employee engaged in terms of CHAPTER 2, PART 2.6 Casual employees, of the Public Sector Employment and Management Act 2002 and any guideline issued thereof or as amended from time to time.

2. Clause 3, Definitions insert the following:

"Use of Private Motor Vehicle" in front of "casual rate"

"Use of Private Motor Vehicle" in front of "official business rate"

and put in alphabetical order within Clause 3.

3. Insert new clause 11A. CASUAL EMPLOYMENT

This Clause will only apply to those employees whose conditions of employment are not otherwise included in another industrial instrument.

i) Hours of Work

(a) A casual employee is engaged and paid on an hourly basis.

(b) A casual employee will be engaged or paid for a minimum of 3 consecutive hours for each day worked.

(c) A casual employee shall not work more than 9 consecutive hours per day (exclusive of meal breaks) without the payment of overtime for such time in excess of 9 hours, except where longer periods are permitted under another award or local agreement under clause 10 of this Award, covering the particular class of work or are required by the usual work pattern of the position.

ii) Rate of Pay

(a) Casual employees shall be paid the ordinary hourly rate of pay calculated by the following formula for the hours worked per day:

Annual salary divided by 52.17857 divided by ordinary weekly hours for the classification

(b) Casual employees shall be paid a loading on the appropriate ordinary hourly rate of pay, of:

15% for work performed on Mondays to Fridays (inclusive)
50% for work performed on Saturdays
75% for work performed on Sundays
150% for work performed on public holidays.

(c) Casual employees shall also receive a 1/12th loading in lieu of annual leave.

(d) The loading specified in subclause (ii) (b) of this clause are in recognition of the casual nature of the employment and compensate the employee for all leave, other than annual leave, and all incidence of employment, except overtime.

iv) Overtime

(a) Casual employees shall be paid overtime for work performed:

(i) in excess of 9 consecutive hours (excluding meal breaks) except where longer periods are permitted under another award or local agreement under clause 10 of this Award, covering the particular class of work or are required by the usual work pattern of the position; or
(ii) outside the bandwidth applicable to the particular class of work; or
(iii) in excess of the daily roster pattern applicable for the particular class of work; or
(iv) in excess of the standard weekly roster of hours for the particular class of work; or
(v) in accordance with a local arrangement negotiated under clause 10 of this Award.

(b) Overtime rates will be paid in accordance with the rates set in Clause 94, Overtime worked by Day workers, of this Award.

(c) Overtime payments for casual employees are based on the ordinary hourly rate plus the 15% loading set out in subclause (ii) (b) of this Clause.

(d) The loading in lieu of annual leave as set out in subclause (ii) (c) of this clause is not included in the hourly rate for the calculation of overtime payments for casual employees.

(v) Leave

(a) As set out in subclause (ii) (c) of this clause, casual employees will be paid 1/12th in lieu of annual leave.

(b) Casual employees will be entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, Section 54 Entitlement to Unpaid Parental leave, in accordance with the Industrial Relations Act 1996.

(c) Casual employees will be entitled to Long Service Leave in accordance with the provisions of the Long Service Leave Act 1955.

(d) Casual employees are not entitled to any other paid or unpaid leave.

(vi) Application of other Clause of this Award to casual employees

(a) The following clauses of this Award do not apply to casual employees:

11 Working Hours
14 Variation of Hours
15 Natural emergencies and Major transport disruptions
18 Public Holidays
19 Standard Working Hours
19 to 20 relating to Flexible Working arrangements
26 Excess Travelling time
26 Waiting Time
44 Room at Home used as an office
45 Semi Official Telephones
46 On call Allowance
56 to 62 relating to Trade Union activities
66 Travelling and other costs of Trade Union Delegates
70 Leave - General Provisions
72 to 88 relating to the various leave provisions
90 Study Assistance
91 Shift Work
92 to 93 relating to overtime
95 to 96 relating to recall to duty and standby arrangements
100 Payment for overtime or leave in lieu
101 Compensation for additional hours worked by Duty Officer, State Emergency Services

3. Delete subclause (a) of Clause 107, Area, Incidence and Duration and insert in lieu the following:

(a) This award shall apply to officers, departmental temporary employees and Casual employees as defined in the Public Sector Employment and Management Act, 2002 employed in departments listed in Schedule 1 to the Public Sector Employment and Management Act, 2002.

This variation is to take effect from 12 April 2004.