Part-Time Hours

Why it’s important to agree on days and hours to be worked.

Whether it’s a new role or casual conversion to a permanent part-time status, agreeing on a pattern of days and hours worked is important.

What are Ordinary Hours and why are they important?

Ordinary hours refers to the hours that an employer has agreed to provide and an employee is obliged to work. So what are ordinary hours used for?

An employee’s ordinary hours are used to calculate and make payment of annual leave, personal leave and public holidays, as well as termination and redundancy entitlements.  They also determine when overtime payments apply. 

Compliance with Modern Awards and Enterprise Agreements

Many modern awards and Enterprise Agreements require employers to agree in writing with their part-time employees:

• the number of hours to be worked each week;
• the days on which the hours will be worked; and
• the start and finish times the person will keep.

Once established, any future variations to ordinary hours may only be made by agreement in writing and must not contravene the terms of an applicable award or enterprise agreement.

Overtime payment for additional hours

When part-time employees work more than their ordinary hours, the additional time must be paid as overtime (unless the Award or Enterprise Agreement provides otherwise).

Award Free Staff

Whilst employers may prefer the flexibility of having award or enterprise agreement free staff working variable hours, this practice creates uncertainty and the potential for breaches of the National Employment Standards.

For example, Section 116 of the Fair Work Act 2009 (the FW Act) requires that an employee who is absent from her or his employment on a day or part-day that is a public holiday receive payment for their ordinary hours of work on that day. This clause is reliant on an employer and employee reaching a clear agreement about the hours and days that make up the employee’s ordinary hours.  Failing to reach agreement could lead to underpayment for public holidays and in turn breach the Fair Work Act.