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| OIR Home
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Phone: 131 628
| Award Enquiries
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Rights & Responsibilities » Employers » Part-Time Work & Part-Time Work Agreements Part-Time Work & Part-Time Work AgreementsDownload Part-time Work and Part-time work agreements (pdf) State industrial relations laws cover most NSW unincorporated businesses (eg sole traders and partnerships) as well as some incorporated businesses operating in NSW (eg some charities and not-for-profit organisations). Incorporated businesses that employ young workers under 18 years of age also have to meet some requirements under NSW child employment laws. Part-time workThe Industrial Relations Act 1996 No 17 encourages flexible work arrangements such as permanent part-time work. What is part-time work?Part-time work is permanent employment. Part-time employees work less hours than full-time employees and receive all the entitlements of full time employees on a proportional basis. Employees may work part-time under an applicable award or enterprise agreement or under a Part-time Work Agreement. What is a Part-time Work Agreement (PTWA)?A PTWA is an agreement between an employee and an employer to work different part-time hours from those in the award or enterprise agreement. A PTWA may also override awards and enterprise agreements that limit the number of people who can work part-time, the minimum and maximum hours that a part-time employee can work or that set quotas for part-time employees. Does an employee have to sign a PTWA if he/she wants to work part-time?There is no need to enter into a PTWA if the relevant award or enterprise agreement contains provisions for part-time work and these provisions suit the employee and the employer's needs. What goes into a Part-time Work Agreement?A PTWA must be in writing and signed by the employee and the employer. It must include:
Once the agreement has been made the employer must:
What is the minimum shift allowed under a PTWA?A PTWA must provide for 3 continuous hours per shift. However, a 2-hour shift can be worked if:
Can an employee work broken or split shifts under a PTWA?A PTWA cannot require an employee to work split or broken shifts, unless the relevant award or enterprise agreement allows for split shifts to be worked. What are the minimum and maximum weekly hours under a PTWA?There is no set minimum that must be worked, however the PTWA must set out the minimum weekly hours that the employee will work. The maximum number of hours under the PTWA must be less than the full-time ordinary hours in the relevant award or enterprise agreement. If the award or enterprise agreement does not set maximum ordinary hours for full-time employees, the maximum part-time hours is 37 per week. Can an employee work additional hours under a PTWA?An employee may agree to work additional hours if asked to. However, the employer cannot require the employee to work additional hours. What must an employee be paid under a PTWA?An employee must be paid the same ordinary hourly rate as full-time employees under the relevant award or enterprise agreement. If the PTWA includes hours that fall outside the ordinary span of daily or weekly hours for full-time employees, the employee must be paid at the overtime rate in the award or enterprise agreement. What about annual leave, sick leave and other entitlements like superannuation?Employees are entitled to the same benefits as full-time employees under the award or enterprise agreement, calculated on a proportional basis. Annual leave and long service leave also accrue on a proportional basis. What if an employee wants to make a change to their PTWA?A PTWA can be changed by making a new written agreement. The employer must give the employee a copy. The employer must also send a copy to the Industrial Registrar. If an employee is dismissed, can an unfair dismissal action be made?An employee working under a PTWA has the same right to unfair dismissal protection as other employees. For further informationThis information is intended only as a basic outline of selected provisions of the Industrial Relations Act 1996 No 17. For more information, please contact:
Free Online services from OIR
Business workshops
State-wide workshops are offered on a range of employment-related topics to help business owners and managers. Free seminars include employer rights and responsibilities under the NSW industrial relations system, the impact of federal industrial relations changes and specific industry awards. Other topics include recruiting staff, developing workplace policies and managing staff performance.
Experienced speakers are available to deliver informative and practical presentations on human resources and industrial relations to groups of 10 or more people.
To find out more, please contact Workplace Advice on (02) 9020 4612 or email us at win@oir.commerce.nsw.gov.au. top |
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Date Created: 15 April 2004 Last Reviewed : 17 April 2008 |
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 ©Office of Industrial Relations, NSW Department of CommerceMcKell Building, 2-24 Rawson Place, Sydney NSW 2000 Phone: 131 628 (anywhere within NSW) Fax: (02) 9020 4700 URL: http://www.industrialrelations.nsw.gov.au |
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Rights & Responsibilities
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