Author: evan.dong(Enthusiast)Enthusiast 28 Feb 2024
Hi Deanne,
Thank you for your reply! Please see EBA as below.
22.3 Part-time Employment
(a) Engagement of part time employees
(i) A part-time Employee is an Employee who is engaged to work less than full-time hours of an average of 38 ordinary hours per week and has reasonably predictable hours of work.
(ii) A part-time Employee will be rostered for a minimum of four hours on any shift. This minimum engagement excludes recall to work (Clause 39.3) and attendance at meetings and mandatory training (Clause 38).
(iii) Unless otherwise stated, the terms of this agreement will apply on a pro rata basis to part-time Employees on the basis that the ordinary weekly hours for full-time Employees are 38.
(i) Before commencing employment, the Employer and Employee will agree in writing on:
(A) the span of hours that the Employee may be rostered within a fortnight. The span of hours shall include which shifts the Employee may be rostered to work; and
(B) the days of the week the Employee may be rostered to work within a fortnight; and
(C) the agreed minimum number of contracted hours to be worked per fortnight.
(ii) Notwithstanding the overtime provisions prescribed at Clause 39.3 of the Agreement, a part time Employee may agree to work in excess of their rostered ordinary hours at the Ordinary Rate, provided that all time worked by a part-time Employee which exceeds 8 hours on day shift, 8 hours on afternoon shift and 10 hours on night shift, per day, will be paid at the applicable overtime penalty rate. Provided that a part-time Employee may agree to work a rostered shift of up to 10 hours, including on a day or afternoon shift, at the Ordinary Rate.
(iii) No part time Employee shall be directed to work in excess of their rostered ordinary hours at the Ordinary Rate.Where the part-time Employee is directed by the Employer to work in excess of their rostered ordinary hours (Additional Hours) the Employee will be paid in accordance with clause 40– Overtime, for such Additional Hours.
39 Hours of Work
39.1 The ordinary hours of an Employee (other than a casual employee):
(a) will not exceed 76 hours per fortnight (or, if otherwise agreed in writing, an average of no more than 38 hours per week for a period not exceeding 4 weeks);
(b) will not exceed 10 rostered hours per day, exclusive of unpaid meal breaks;
(c) subject to the Broken Shift provisions of the Agreement, will be worked continuously on any day or shift (excluding any unpaid meal break provided for by this Agreement); and
(d) in the case of a Monday to Friday Day Worker, will not be worked on a weekend, or before 6:30 am or after 6 pm on any day Monday to Friday.
40 Overtime
40.1 Overtime is all time worked by an Employee with the Employer’s approval, in the case of:
(a) a Full time Employee – in excess of the Employee’s ordinary hours on a day or shift;
(b) a casual Employee - in excess of 10 hours in a day or 76 hours per fortnight;
(c) a part-time Employee, subject to clause 22.3(c) for part-time Aged Care Employees, in excess of ordinary hours set out at clause 39.1(a) and (b).
40.2 Instead of the Ordinary Rate, approved overtime worked by a full-time or part time Employee:
(a) between midnight Sunday and midnight Friday (ie, Monday - Friday) is payable at Time and a Half for the first two hours and Double Time thereafter;
(b) between midnight Friday and midnight Saturday (ie: Saturday) is payable at Double Time;
(c) between midnight Saturday and midnight Sunday (ie: Sunday) is payable at Double Time;
(d) at any time on a Public Holiday is payable at Double Time and a Half.
Thank you so much for your help.
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