AN140064 – Clerical Award - Hotels, Resorts and Certain Other Licensed Premises - State (South East Queensland) 2002

4.4 PERMANENT PART-TIME EMPLOYMENT - SPECIFIED HOURS

4.4.1 An employer may employ part-time employees for specified hours in any classification in this Award.

4.4.2 Engagement for specified hours

A part-time employee engaged for specified hours is an employee who:

(a) has been engaged as a part-time employee in accordance with clause 4.4; and

(b) is employed for not less than 12 hours per week and for not more than 32 ordinary hours per week; and

(c) is employed for not less than 3 hours per working day to be worked no more than 5 days each week; and

(d) has reasonably predictable hours of work; and

(e) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

4.4.3 Subject to clause 4.4.4, clause 4.4.2 may be varied in accordance with the following:

(a) where an employee requests and the employer agrees, a part-time employee engaged for specified hours may be employed for not less than 48 hours per four week period but less than 128 hours per 4 week period; and

(b) where agreement is reached is relation to clause 4.4.3(a), such agreement shall be recorded in writing.

If the hours of work of an employee are to be varied in accordance with clause 4.4.3, the following conditions apply:

(a) The employee shall be engaged for at least 3 hours each working day and no more than 19 days in each 4 week period; and

(b) The employee is entitled to at least 9 full days off per each 4 week period; and

(c) The employee shall not work more than 10 days in succession without a Rostered Day Off; and

(d) All time worked in excess of the specific number of hours per each 4 week period as described in clause 4.3.3, and all worked performed in excess of rostered hours shall be overtime and paid for at the rates prescribed for full-time employees in clause 6.10.

4.4.5 At the time of engagement, the employer and the employee will agree in writing on the number of ordinary hours worked per week.

(a) The agreed number of ordinary hours per week may only be varied by mutual agreement. Any such agreed variation to the number of weekly hours of work will be recorded in writing.

(b) Any variation to the normal work pattern will be by agreement with the employee/s directly affected.

4.4.6 In all circumstances other than those set out in clause 4.4.4, part-time employees engaged for specified hours shall be paid overtime at the rates prescribed for full-time employees in clause 6.10 for:

(a) All time worked in excess of the specified hours each week; and

(b) All time worked in excess of 8 ordinary hours per day, except where the employee and employer have agreed to ordinary hours not exceeding 10 hours per day. If such agreement has been reached, the employer will pay the employee overtime for all time worked in excess of 10 hours.

4.4.7 A part-time employee employed under clause 4.4 must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

4.4.8 Where a public holiday falls on a day upon which an employee is normally engaged, the employee shall be paid the appropriate rate for the number of hours normally worked on that day.