AN140052 – Cafe Restaurant and Catering Award - State (Excluding South-East Queensland) 2003.
4.3.1 A part-time employee is an employee who:
(a) shall be engaged for a minimum of 12 hours and a maximum of 40 hours in any one week and shall work on not more than 5 days in any one week; and
(b) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
4.3.2 An employer is required to roster a part-time employee for a minimum of 3 hours on any one day and a maximum of 10 hours on any one day. The hours of work shall be continuous subject to clause 6.2 (Meal Breaks).
4.3.3 A part-time employee shall be paid per hours at the rate of 1/40th of the weekly rate prescribed for the class of work performed.
Provided that a part-time employee who was in receipt of a 10% all purpose loading as at the date of this Award is to continue to receive that loading for all ordinary hours worked.
4.3.4 Hours
(a) Part-time employees who work in excess of 8 hours per day (or in the case of employees to whom clause 6.1.3 applies, any work in excess of 10 hours per day) shall be entitled to be paid overtime in accordance with clause 6.4 (Overtime) for such excess hours.
(b) In the case of part-time employees who receive the 10% loading mentioned in clause 4.3.3, any time worked in excess of 40 hours per week shall be classed as overtime and paid in accordance with clause 6.4 (Overtime).
(c) In the case of all other part-time employees any time worked in excess of the ordinary daily or weekly hours prescribed by the roster, shal1 be classed as overtime and paid in accordance with clause 6.4 (Overtime).
4.3.5 Where an employee and the employer agree in writing, part-time employment may be converted to full-time, and vice-versa, on a permanent basis or for a specified period of time. If such an employee transfers from full-time to part-time (or vice-versa), all accrued award and legislative entitlements shall be maintained. Following transfer to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment.
4.3.6 All provisions of this Award not expressly amended by clause 4.3 shall have application to part-time employees.