Part 5 (s.73-82) of the Industrial Relations Act 1996
Legislation - Part 5 (s.73-82) of the Industrial Relations Act 1996
Part-time work is work where employees work less hours of work than full-time employees under the relevant award or enterprise agreement, other than casual work. Employees working part-time are considered permanent employees.
An employee may work part-time with the agreement of the employer. This agreement is known as a part-time work agreement (PTWA).
If the relevant award or enterprise agreement contains provisions for part-time work which are suitable to the employee and the employer's needs, there is no need to enter into a PTWA.
A PTWA may be made prior to the employee starting work with the employer.
A PTWA must be in writing and signed by both the employer and employee.
A PTWA must include the following:
The entitlement of the employee to work part-time
The number of hours and days to be worked by the employee
The starting and finishing times for the work
The classification applying to the employee's work
The employee's right (if any) to return to full-time work
The employer must:
Keep a copy of the PTWA on file during the period of the part-time work
Give a copy of the PTWA to the employee immediately after it is made
Send a copy to the Industrial Registrar of the Industrial Relations Commission within one month of the PTWA being made.
A PTWA may be limited to a specific period(s) of part time employment but need not be limited.
A PTWA may be changed by making another written agreement between the employee and the employer.
An employer may ask an employee working part-time to work more hours than agreed to under the PTWA but the employer cannot require an employee to do so.
Employees under a PTWA are entitled to the same benefits as full-time employees under the relevant award or enterprise agreement calculated on a pro-rata basis.
An employee working under a PTWA has the same rights in relation to unfair dismissal as full-time employees.