Industrial Relations Act 1996 No 17
Historical version for 1 January 2004 to 16 January 2005 (accessed 21 December 2014 at 04:56) Current version
Chapter 2Part 5

Part 5 Part-time work

73   Employees to whom Part applies

This Part applies to employees for whom any conditions of employment are set by an industrial instrument.

74   What is part-time work?

For the purposes of this Part, part-time work is work of a lesser number of hours than constitutes full-time work under the relevant industrial instrument, other than casual work.

75   This Part not to affect other entitlements to work part-time

Nothing in this Part affects any entitlement that an employee has to part-time work under any industrial instrument.

76   Entitlement to work part-time with agreement of employer

(1)  An employee may work part-time in accordance with this Part with the agreement of the employer (a part-time work agreement).
(2)  A part-time work agreement must be in writing and signed by the employer and employee.
(3)  A part-time work agreement must provide for agreement on the following:
(a)  the entitlement of the employee to work part-time,
(b)  the number of hours to be worked by the employee, the days on which they will be worked and commencing and finishing times for the work,
(c)  the classification applying to the work to be performed,
(d)  the entitlement (if any) of the employee to return to full-time employment.
(4)  The agreement may be limited to a specified period or periods of part-time employment, but need not be so limited.
(5)  The agreement may be made prior to the employee commencing employment with the employer.

77   Variation of part-time work agreements

A part-time work agreement may be varied by a further agreement in writing between the employee and employer.

78   Obligations of employer under part-time work agreements

(1)  A part-time work agreement must be retained by the employer during the period of part-time work.
(2)  The employer must give a copy of the agreement to the employee immediately after it is made.
(3)  The employer must send a copy of the agreement to the Industrial Registrar not later than 1 month after it is made.
(4)  The copy of the agreement is to be made available by the Industrial Registrar for public inspection during ordinary office hours. A person may make copies of it on payment of such fee, if any, as is prescribed by the regulations.
(5)  This section extends to any variation of the agreement.

Maximum penalty: 20 penalty units.

79   Application of industrial instruments

(1) Application generally
Part-time work under this Part is to be in accordance with the provisions of the industrial instrument applicable to the work concerned, except where the provisions do not have effect or are modified because of this section.
(2) Application pro rata
To the extent that any such provision of the industrial instrument is based on an employee engaged on a full-time basis, the provision is to apply pro rata to part-time work under this Part.
(3) Commission to make State decision on part-time work
A Full Bench of the Commission is required to make a State decision under Part 3 relating to part-time work by employees covered by industrial instruments and to set, by that decision, minimum conditions of employment to which part-time work agreements under this Part are to be subject. The minimum conditions must include minimum and maximum hours of work and other relevant conditions of employment.
(4) Inconsistent provisions
Any of the following provisions of an industrial instrument has, except to the extent that it is identified as a minimum condition by any such State decision, no effect if it would prevent an employee working part-time under this Part:
(a)  a provision limiting the number of employees who may work part-time,
(b)  a provision establishing quotas as to the ratio of part-time to full-time employees,
(c)  a provision prescribing a minimum or maximum number of hours a part-time employee may work.

80   Additional hours of work

An employer may request, but not require, an employee working part-time under this Part to work for longer than the hours agreed to under the part-time work agreement.

81   Leave

(1)  The leave entitlements of an employee working part-time under this Part (including entitlements previously accrued) are to be converted into hours. The conversion is to be based on a day’s leave being equivalent to the number of ordinary hours of work for a day of full-time employment.
(2)  Leave entitlements based on full-time work are to accrue pro rata during the part-time work.
(3)  Leave taken during part-time work is to be taken on an hourly basis for each ordinary hour of part-time work during which the employee is absent from work.
(4)  Any accrued leave entitlements on return to full-time employment are to be re-converted into days.
(5)  By agreement between the employer and the employee, the period over which leave is taken during part-time work may be shortened to the extent necessary for the employee to receive pay at the employee’s current full-time rate.
(6)  This section is subject to any provision of a relevant industrial instrument that provides for leave during part-time work.

82   Replacement employees

(1)  A replacement employee is a person who is specifically employed as a result of an employee working part-time under this Part and whose employment may be terminated on the return of that employee to full-time employment.
(2)  Before a replacement employee is employed, the employer must inform the person of the temporary nature of the employment and of the rights of the employee working part-time to return to full-time employment.

Maximum penalty: 50 penalty units.

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