AN120196 – Engine Drivers General (State) Award
16.1 An employee may be engaged by the week on a part-time basis for a constant number of hours which having regard to the various ways of arranging ordinary hours shall average less than 38 hours per week.
16.2 An employee so engaged shall be paid per hour one-thirty-eighth of the weekly rate prescribed by clause 5 for the classification in which the employee is engaged.
16.3 An employee engaged on a part-time basis shall be entitled to payments in respect of annual leave, public holidays and sick leave arising under this award on a proportionate basis calculated as follows
(a) Annual Leave
Subject to the provisions of clause 31, Annual Leave, of this award:
Where the employee has completed twelve months' continuous service - four weeks' leave at the number of ordinary hours which would otherwise have been worked during the period of leave.
Where the employee is entitled to pro rata leave on termination or at a close down in accordance with this award the employee shall receive 2.923 hours paid at the appropriate rate of wage for each 38 ordinary hours worked.
(b) Public Holidays
Where the normal paid hours fall on a public holiday and work is not performed by the employee, such employee shall not lose pay for the day.
Where the employee works on the holidays, such employee shall be paid in accordance with clause 14, Holidays.
(c) Sick Leave - First year of Employment
(i) During the first year of any period of service with an employer the employee shall be entitled to sick leave equivalent to the average number of hours worked each week in accordance with clause 17, Sick Leave.
(ii) During the first five months of any period of service with an employer, sick leave shall accrue at the rate of one- fifth of the average number of hours worked each week for every completed month of service. Provided further that on application by the employee during the sixth month of employment and subject to the availability of an unclaimed balance of sick leave the employee shall be paid for any sick leave taken during the first five months and in respect of which payment was not made.
(d) Sick Leave - Second or Subsequent Years of Employment
(i) During the second or subsequent years of any period of service with an employer the employee shall not be entitled to leave in excess of an amount calculated as follows:
Average Number of hours worked each week x 8
5
16.4 Overtime
A part-time employee who works in excess of the hours fixed under the contract of employment shall be paid overtime in accordance with clause 21, Overtime.
