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Part-time Work
Part 5 (s.73-82) of the Industrial Relations Act 1996
- Forms
- 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 permament 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 |
- | Part-Time Work Agreement | | |
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