Industrial Relations Commission of NSW

Part-time work agreements

Part-time work is work where employees work less hours of work than full-time employees under the relevant award or enterprise agreement, other than casual work. Employees working part-time are considered permanent employees.

Frequently asked questions

Is an employee entitled to work part-time?

An employee may work part-time with the agreement of the employer. This agreement is known as a part-time work agreement (PTWA). 

When should a part-time working arrangement be made?

If the relevant award or enterprise agreement contains provisions for part-time work which are suitable to the employee and the employer's needs, there is no need to enter into a PTWA. 

When should a part-time working arrangement be made?

A PTWA may be made prior to the employee starting work with the employer.

Does the part-time working arrangement need to be in writing and signed?

A PTWA must be in writing and signed by both the employer and employee. 

What information does a part-time working arrangement need to contain?

A PTWA must include the following: 

  • The entitlement of the employee to work part-time
  • The number of hours and days to be worked by the employee
  • The starting and finishing times for the work
  • The classification applying to the employee's work
  • The employee's right (if any) to return to full-time work 
What are the employer's obligations?

The employer must: 

  • Keep a copy of the PTWA on file during the period of the part-time work
  • Give a copy of the PTWA to the employee immediately after it is made
  • Send a copy to the Industrial Registrar of the Industrial Relations Commission within one month of the PTWA being made. 
How long can a part-time working arrangement be?

A PTWA may be limited to a specific period(s) of part time employment but need not be limited. 

Can a part-time working arrangement be changed?

A PTWA may be changed by making another written agreement between the employee and the employer.

Can an employee work additional hours of work?

An employer may ask an employee working part-time to work more hours than agreed to under the PTWA but the employer cannot require an employee to do so. 

Accrual of leave entitlements

Employees under a PTWA are entitled to the same benefits as full-time employees under the relevant award or enterprise agreement calculated on a pro-rata basis.

If an employee on a part-time working arrangement is dismissed, can they file an unfair dismissal claim?

An employee working under a PTWA has the same rights in relation to unfair dismissal as full-time employees.

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