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
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Part-Time Work Agreement | | |