1. Are there any rules that apply to part time employees?
Yes, there must be a written agreement that specifies the days, hours, and commencement times.
2. Can conditions in a Part-Time agreement be changed?
Yes, A part time employment agreement can be varied by consent and recorded in writing.
3. How are leave entitlements calculated for a part time employee?
Leave entitlements are to be calculated on a pro-rata basis according to the ordinary hours worked.
4. Does the award specify a minimum number of hours for a casual performing work for each shift?
No, there is no minimum number of hours set out in the award.
5. Does a casual get paid an additional loading for hours worked?
Yes. Casual employees receive a 25% casual loading in addition to the ordinary rate of pay.
This loading does not attract any penalty rate and is not payable when calculating overtime.
6. Does a casual employee accrue any paid leave entitlements?
Casual employee’s in the local government sector in New South Wales are excluded from accruing all leave prescribed by the Local Government (State) Award 2020 (including but not limited to annual leave, long service leave and sick leave), except for paid parental leave. However, casual employees in the local government sector do accrue long service leave under the Long Service Leave Act 1955 (NSW). Under the Long Service Leave Act 1955 (NSW), employees accrue 2 months (8.667 weeks) of long service leave once they provide 10 years of service for an employer.
In some instances where a casual employee in the local government sector has become a permanent employee, it may be necessary for an employer in the local government sector to perform two sets of calculations in order to ensure compliance. The two calculations are, firstly the calculation for what the employee would be entitled to under the long service leave clauses of the Local Government (State) Award 2020, and secondly the calculation for what the employee would be entitled to under the Long Service Leave Act 1955 (NSW). The employer would need to provide whichever is the higher of the two calculations.
7. Can employee’s Job Share a position under the Award?
Yes – if there is an agreement between the employer and the employees. Job sharing is a form of part-time employment where more than one employee shares all the job duties for one position.
See Clause 19 hours of work requirements and Clause 28 of the Award for all conditions.
8. How is a Job Share position paid?
The Job sharers will receive pro-rata pay and conditions in proportion to the ordinary hours worked.
An adjustment to accrued leave entitlements may be required at the conclusion of each year of service based on the proportion of actual hours worked.
9. Can the terms of a Job Share arrangement be changed?
The terms of a job share arrangement or any variation to it must be in writing. A copy of the arrangement and any variation to it must be provided to the job sharer(s) by the employer.
See Clause 28 of the Award for all conditions.
10. Can a council engage Labour Hire workers?
Yes, conditions apply.
Labour hire staff employed by a labour hire business shall not be engaged on a permanent basis in work functions ordinarily filled by permanent employees. Every Council must perform an annual review of any labour hire arrangements.
See Clause 29 of the Award for full details.