Rights & Responsibilities

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Transport Industry: Employing Staff

Full time, Part-time or Causal

The Awards allow for the following categories of employment:

• full-time, engaged to work an average of 38 ordinary hours per week
• part-time, engaged to work a constant number of ordinary hours less than the ordinary number of hours worked by full-time employees
• casual, an employee engaged by the hour as required and paid as such

Part-time Employment

Part-time employees work a regular number of hours each week, but less than those worked by a full-time employee.

• The Transport Industry (State) Award provides for employees to work a minimum of four consecutive hours per day with a minimum of 20 hours work per week.
• The Transport Industry - Mixed Enterprises (State) Award provides for a minimum engagement of 6 consecutive hours with a minimum weekly engagement of 18 hours over 3 days.

A part-time employee receives the same hourly rate of pay as a full-time employee and generally receives all of the benefits of a full-time employee on a proportional basis.

As set out in the Awards, an employer can employ one part-time employee to every four full-time employees.  

The Industrial Relations Act 1996 encourages flexible work arrangements such as permanent part-time work.  Employees may work part-time under an award or enterprise agreement or under a Part-time Work Agreement.

A Part-time Work Agreement (PTWA) is a registered agreement between an employee and an employer to work different part-time hours from those in the relevant award or enterprise agreement.  A PTWA may also override awards that limit the number of people who can work part-time and the minimum and maximum hours that a part-time employee can work.

For additional information on part-time work or flexible work practices please refer to the OIR brochure, Introducing Workplace Flexibility or the on-line brochure, Part-time work.

Casual Employment

Casual employees are engaged to work on an hourly or daily basis to meet unexpected business peaks.  They receive a 15% loading on top of the normal rate to compensate for not having access to benefits such as paid sick leave and paid public holidays.  Casual employees also receive an extra amount equal to a further one twelfth of the casual hourly rate to cover pro-rata annual holiday pay.

The minimum number of hours for a casual employee under the Transport Industry (State) Award is four hours for each start. 

Casual employees under the Transport Industry – Mixed Enterprises (State) Award are engaged for a minimum eight hours for each start.

As set out in the Awards, an employer can employ one casual employee to every four full-time employees plus one additional casual employee.

Trial Work and Unpaid Training

Employers are not permitted to offer unpaid trial work to prospective employees.

However, it is possible to offer short-term paid employment. Refer to information about casual employment.

Probationary Employment

The employer must advise the employee that they will be on probation and the duration of that probationary period before they commence employment.

Generally, a probationary period is up to three months. During this period the employee may be terminated with a week's notice.

The employer must assess the employee's performance within the probationary period.  They should also inform the employee whether their employment will continue after that period.

Traineeships

A traineeship is another type of job that combines training and work.    The trainee undertakes on-the-job work (usually four days per week) as well as training provided by a college or other training provider (usually one day per week).

For specific conditions applying to trainees refer to Clause 48 of the Transport Industry – Mixed Enterprises (State) Award.  The Transport Industry (State) Award does not have provisions for traineeships.

 

For further information about traineeships, contact the Department of Education and Training (DET) on 132 811 or visit their website.

Junior Employess

A junior employee is referred to as a 'youth' in the Awards and is someone under 21 years of age who is employed as a Grade One Transport Worker. 

If a junior employee is engaged to perform duties other than as a Grade One they must be paid the appropriate adult rate of pay.  If a junior employee is engaged as a casual they must be paid the appropriate adult casual rate of pay.

The Awards provide for a maximum number of junior employees based proportionally on the number of adult employees.

Junior employees receive a percentage of the appropriate adult full-time rate.  

                      Age                               Percentage of adult Grade One

                                                                                rate of pay

        18 years of age and under                           75

        19 years of age                                          85

            20 years of age                                          90

Supported Wage System (Special Wage Permit)

If an employee is unable to perform the range of duties to the required competence level because of the effects of a disability, an employer may apply to the Industrial Registrar for a written permit to pay the employee less than the Award rate of pay.

For additional information, contact the NSW Industrial Registrar at the NSW Industrial Relations Commission on (02) 9258 0866.

Employing Managerial Staff

The employer needs to define the role and responsibilities of the manager, including whether the position has the responsibility for hiring or terminating the employment of staff, as the Awards will not apply.

However, the Awards cover employees who are responsible for planning and managing the work of others, assisting in the selection of staff, monitoring team performance and organising training for a team.

Junior employees, who are paid as such, cannot be considered to be managerial staff.

Employing Family Members

A person employed by their wife, husband or parent is not an employee under the Industrial Relations Act 1996.  In this situation, NSW awards and unfair dismissal laws do not apply.

If the employer is a company owned by the parent/s, it is possible to lodge a claim for unfair dismissal, unpaid wages and other entitlements.

However, a person employed by their wife, husband or parent may be an employee under other legislation and common law.

Work Experience

Employers may provide work experience opportunities to people who are usually engaged in secondary or tertiary studies involving vocations in the transport industry.

It is very important that the person undertaking the work experience is aware that the opportunity is not paid employment.  This is best achieved by providing the student with a written and signed statement about the terms under which the work experience opportunity is offered.

Employers who offer work experience opportunities are not permitted to use the student as an unpaid employee.  It is best to permit the student to observe and ask questions, but not be actively engaged in the work done ordinarily by employees.

It is strongly recommended that employers obtain written evidence (from the training institution) of personal liability and injury insurance coverage for the student prior to the commencement of the work experience.