Commissioners Information Bulletin 049
Issued: 2 September 1999 - Attachment A

What is part-time work?
When an employee works a regular number of hours each week, but less than the full ordinary working hours as stated in an award, this is part-time work. A part-time employee generally receives all, or most, of the benefits of a full-time employee but on a proportional basis. It does not include casual work.

What is a Part-time Work Agreement (PTWAs)?
A Part-time Work Agreement (PTWA) is a formal written arrangement between an employer and an employee to work part-time hours which differ from those stated in an award or enterprise agreement. PTWAs can override certain provisions that specifically relate to part-time work such as:

• limitations on the number of people that can work part-time,
• provisions establishing quotas as to the ratio of part-time employees to full-time employees; and
• the maximum and minimum hours for part time work.

Do employees have to sign a PTWA to work part-time?
No. PTWAs increase the availability of part-time work where the relevant award or agreement prohibits or otherwise restricts part-time work. If the relevant award or enterprise agreement contains provisions for part-time work, and the terms and conditions for part-time employment in the award or agreement suit the needs of the employer and employee, there will be no need to enter into a PTWA.

What goes into a PTWA?
A PTWA must be in writing and signed by the employer and employee. It must also include:

• the employees name to which the agreement will apply,
• the classification that the employee works under,
• the total hours that will be worked under the PTWA,
• the days that the hours will be worked on,
• the start and finish times on those days; and
• the employee’s right to return to full-time work (if any).

What protection’s are there for part-time workers?
A decision recently handed down by the NSW Industrial Relations Commission provides a safety-net of minimum conditions for employees who are employed under a PTWA. Except where a PTWA overrides award conditions that restrict access to part-time work, the conditions of employment in a PTWA must not be less than those set by the applicable award or enterprise agreement for full-time staff.

What is the minimum start per engagement?
The NSW Industrial Relations Commission decided that an employee under a PTWA must work a minimum of 3 hours per each start, and the maximum hours must not exceed the ordinary hours that a full-time employee would work in a week.

Under special circumstances, and where there is agreement, the minimum hours per start can be reduced to 2 hours.

For this to be the case, the following conditions must apply:

• a 2 hour start is sought by the employee to accommodate the employee’s personal circumstances, which must be identified in the PTWA,
• the place of work is within 5km of the employees place of residence, and
• the applicable award or enterprise agreement permits such hours of work.

Can an employee work broken or split shifts under a PTWA?
A PTWA may not require an employee to work a split or broken shift, unless the applicable award or enterprise agreement allows split shifts to be worked.

What are the maximum weekly hours?
A PTWA must specify the maximum number of ordinary hours per week to be worked. The maximum number of hours under a PTWA must be less than the full-time ordinary hours fixed by the relevant award or enterprise agreement (industrial instrument).

So, if the award sets the maximum number of ordinary hours for full-time employees at 35 hours, an employee may work up to 34 hours a week under a PTWA. If the relevant industrial instrument does not set maximum ordinary hours for full-time workers, then the IRC has decided that the maximum part-time hours shall be 37 hours per week.

What are the minimum weekly hours under a PTWA?
A PTWA must set the minimum number of weekly hours that a PTWA employee will work. However, the IRC did not limit the minimum weekly hours a part-time employee can work under a PTWA. To avoid any confusion later it is better for both parties to agree on the minimum and maximum hours to be worked and specify these in the agreement.

Can a PTWA employee work additional hours?
While a PTWA must set maximum weekly hours, an employee may agree to work additional hours if asked to do so by her or his employer. An employer cannot, however, force a PTWA employee to work additional hours.

What must a PTWA employee be paid?
PTWA employees must be paid at the same ordinary hourly rate as full-time employees under the applicable award or agreement. If a PTWA employee works hours that fall outside the span of ordinary daily or weekly hours for full-time workers, she or he must be paid for those hours at the overtime rate.

What about leave and other entitlements?
A PTWA employee is entitled, on a pro rata basis, to the same entitlements as would apply under an applicable industrial instrument to a full-time worker. Annual leave and long service leave are also accruable on a pro rata basis.

The Commission has determined that where a PTWA employee works one hour less in a week than ordinary full-time hours, that worker will be entitled to the full range of benefits that apply to full-time work.

What happens once a PTWA is signed?
Once a PTWA is signed, the employer must give a copy to the worker and also send a copy to be filed with the NSW Industrial Registry. This must be done within one month of the agreement being made. The employer must also keep a copy of the PTWA on file.

What about other awards, agreements or legislation?
The PTWA specifically deals with the issue of hours of work. All other conditions of employment, such as wages, family leave, holidays etc. are still covered by either the award and/or enterprise agreement at the workplace, or by legislation, such as NSW Annual Leave Act, NSW Long Service Leave Act, NSW Industrial Relations Act etc.

An employee working under a PTWA is entitled to, on a pro-rata basis, to the same entitlements as would apply under the appropriate award or agreement as a full-time employee would or as the traineeship states.

The IRC has determined that a employee under a PTWA who works one hour less than a full-time employee working their ordinary hours, is entitled to the full range of benefits that apply to the full-time employee.

How to terminate a PTWA
If the PTWA is for a set period of time, the date that the PTWA will be terminated on will need to be included in the PTWA itself.

The PTWA is also terminated if it is replaced by another PTWA that varies the hours contained within the original PTWA.

Additional Information
As the PTWA works in conjunction with the award or enterprise agreement at the workplace, you should contact the Department of Industrial Relations Award Enquiries Service to confirm exactly what award that the employee or trainee is working under.

The DIR Award Enquiries Service can be contact on 131 628.

Also, the Department of Education and Training is the government department that has responsibility for traineeships within NSW. The Department of Education and Training should also be contacted prior to entering a PTWA.

The Department can be contact on 13 28 11 for any questions regarding your traineeship and the application of a Part-Time Work Agreement.

Where to send the PTWA
Once both the employee and the employer have signed the PTWA, the employee must receive a copy of the PTWA, and a copy must be sent to the Industrial Registrar.

The Industrial Registrar is located at:
Industrial Registry
50 Phillip Street
Sydney NSW 2000

The Industrial Registry can be contacted on (02) 9258 0000.

Can a PTWA be changed?
A PTWA can be changed by a new agreement between the employer and the PTWA employee. If a PTWA is varied, the employer must give a copy to the worker and file a copy of the new agreement with the Industrial Registrar.

Where to get more information

Women’s Equity Bureau

NSW Department of Industrial Relations
Level 3, 1 Oxford Street
DARLINGHURST
NSW 2010
Telephone: (02) 9243 8786
Fax: (02) 9243 8896
Email address: equity@dir.nsw.gov.au

Workplace Change NSW

NSW Department of Industrial Relations
Level 2, 1 Oxford Street
DARLINGHURST
NSW 2010
Telephone: (02) 9243 8895
Fax: (02) 9243 8896
Email address: workplace.change@dir.nsw.gov.au
DIR Internet address: www.dir.nsw.gov.au

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