Part-time Work

Part 5 (s.73-82) of the Industrial Relations Act 1996

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  • Legislation - Part 5 (s.73-82) of the Industrial Relations Act 1996

    What is part-time work ?

    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.

    Is an employee entitled to work Part-Time ?

    An employee may work part-time with the agreement of the employer. This agreement is known as a part-time work agreement (PTWA).

    Does a PTWA have to be entered into if an employee wants to work part-time ?

    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.

    When should a PTWA be made ?

    A PTWA may be made prior to the employee starting work with the employer.


    Does the PTWA need to be in writing and signed ?

    A PTWA must be in writing and signed by both the employer and employee.

     

    What information does a PTWA need to contain ?

    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

     

    What are the employer's obligations ?

    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.

     

    How long can a PTWA be ?

    A PTWA may be limited to a specific period(s) of part time employment but need not be limited.

    Can a PTWA be changed ?

    A PTWA may be changed by making another written agreement between the employee and the employer.


    Can an employee work additional hours of work ?

    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.

    Accrual of leave entitlements

    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.

    If an employee on a PTWA is dismissed, can they file an unfair dismissal claim ?

    An employee working under a PTWA has the same rights in relation to unfair dismissal as full-time employees.
           

    Part-Time Work Agreement Forms

    No.   Form Name  
    Word  
    PDF  
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    Part-Time Work Agreement