Part-time Work

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