AN120187 – Dry Cleaning (State) Award
8.1 General
8.1.1 Employees under this award will be employed in one of the following categories:
full-time employees; or
regular part-time employees; or casual employees.
8.1.2 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, regular part-time or casual.
8.2 Regular Part-time Employees
Persons may be employed as part-time employees subject to the following terms and conditions:
8.2.1 Part-time employee for the purpose of this subclause means an employee who is employed on a permanent basis less than 38 hours per week.
8.2.2 Part-time employees will be paid 1/38th of the ordinary rate per hour for the work performed and will be entitled to sick pay, annual leave, long service leave and payment for public holidays on a pro rata basis in accordance with the hours worked in the performance of such duties. Provided that:
(a) by agreement between the employee and the employer, the employee will receive 20% extra in lieu of pro rata annual leave, sick leave and public holidays; or
(b) where, for a period not exceeding two months, the part-time employee genuinely works an irregular number of hours each week, the employer may decide to pay such employee 20% extra in lieu of pro rata annual leave, sick leave and public holidays.
8.2.3 Overtime
Part-time employees will be employed within the ordinary spread of hours applicable to full-time employees who may be employed in the same classifications. Where such part- time employees are employed at a time outside these ordinary hours, the hourly rate (exclusive of the 20% loading referred to in 8.2.2, if paid) will be increased by the appropriate overtime penalty.
8.2.4 Time Work And Payment By Results
Part-time employees may be employed on time work and payment by results work in accordance with the following provisions.
(a) Time workers, will be paid for each hour worked at the rate of at least 1/38th of the minimum weekly wage prescribed by this award for the class of work performed by them.
(b) Payment by results workers will be paid at the appropriate payment by results rate payable under this award.
(c) Provided that:
(i) no part time employee will be paid less than the minimum weekly wage as is proportionate to the time worked by them.
(ii) no part time employee will be employed both on time work and payment by results work in any week.
8.2.5 Payment Or Deduction Of Payment In Lieu Of Notice, Annual Leave And Severance Pay
The payment or deduction of payment in lieu of notice, the entitlement to annual leave and severance pay pursuant to clause 12 - Redundancy, will be calculated on a proportionate basis. The basis for this calculation will be the average weekly number of hours worked by the employee during the preceding 12 months or if there is not a 12 month period of employment then the average of the actual hours worked during the period of employment.
8.2.6 Public Holidays
A part-time employee will only be entitled to payment for a public holiday for the number of hours he/she would have otherwise been rostered to work had the day been an ordinary working day for that employee.
8.2.7 Sick Leave
A part-time employee will be entitled to sick leave in accordance with 23, but will be paid only on a proportionate basis.
8.2.8 Attendance For Duty
A part-time employee will not be required to attend for duty more than once on any one day.
8.2.9 Provisions Of Award
All other provisions of this award will apply to part-time employees.
8.3 Casual Employment
8.3.1 (a) A casual employee for the purpose of this subclause will mean an employee who is engaged in relieving work or work of a casual nature and who is engaged and paid by the hour, but does not include an employee who could properly be classified as a full-time or part-time employee.
(b) Casual employees must be paid as follows:
(i) If on time work - 1/38th of the ordinary rate for the class of work performed plus 20%.
(ii) If on any system of payment by results - the appropriate rate plus 20%.
8.3.2 A casual employee will not be entitled to any pro rata annual leave, sick leave or public holidays.
8.3.3 Any time worked by casual employees in excess of the daily limitations prescribed for weekly employees in clause 19 - Hours of work, or in excess of 38 hours per week will be paid for at the rate of time and a half for the first three hours and double time thereafter.
8.3.4 A casual employee will not be required to attend for duty more than once on any
