Part-time provisions in Modern Awards will, in most cases, be more restrictive than those in the current awards.  The intention of such changes is to clearly differentiate part-time and casual employees. An employee is a part-time employee if they work less hours than a full-time employee and have reasonably predictable hours.

Most Modern Awards include part-time provisions, although specific requirements may differ  from each award, requiring employers to be careful when applying different awards to their employees.

In many Modern Awards, part-time provisions state that employers must have a written contract between themselves and the part-time employee specifying:

• the total hours to be worked per week;
• the days to be worked; and
• the starting and finishing times of each day.

In addition, an employer cannot direct the employee to work additional hours at ordinary rates of pay without additional written documentation of the employee accepting the hours.  Each time an employer requires the employee to work additional hours, the agreement between both parties must be documented.  If the employee does not agree in writing, overtime penalties will apply for those additional hours, even if they are worked within the normal span of hours.

For more information about part-time provisions in Modern Awards, call 08 8300 0101.