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AN140103 – Electrical Contracting Industry Award - State 2003

4.3 PART-TIME EMPLOYMENT

4.3.1 A part-time employee is an employee who:

(a) is employed for more than 10 but less than 38 ordinary hours per week; and

(b) has reasonably predictable hours of work; and

(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees covered by this Award.

4.3.2 At the time of engagement, the employer and the employee will agree in writing on the pattern of work required, including specifying the number of ordinary hours per week, the days on which the work is to be performed and the usual daily starting and finishing times.

4.3.3 Any variation to the work pattern will be in accordance with methods of altering the ordinary hours of work for full time employees.

4.3.4 The agreed number of ordinary hours per week will not be varied without the consent of the employee. Any such agreed variation to the number of weekly hours of work will be recorded in writing.

4.3.5 An employer is required to roster a part-time employee for a minimum of 4 consecutive hours on any day.

4.3.6 All time worked outside the spread of ordinary working hours as provided for in clause 6.1 and all time worked in excess of the hours as mutually arranged in clauses 4.3.1 or 4.3.2 will be overtime and paid for at the rates prescribed in clause 6.2 - Overtime.

4.3.7 A part-time employee employed under the provisions of clause 4.3 must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

4.3.8 Where a public holiday falls on a day upon which a part-time employee is normally employed and the employee is not required to work, that employee shall be paid for the hours which would normally have been worked on that day. If required to work on that day, the employee shall be paid for the time worked at the appropriate penalty rate.

4.3.9 Where an employee and the employer agree in writing, part-time employment may be converted to full-time, or vice versa. If such an employee transfers from part-time to full time, or vice versa, all accrued award and legislative entitlements shall be maintained.

4.3.10 An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with clause 4.2.

4.3.11 All other provisions of the Award relevant to weekly employees shall apply to part-time employees.

4.3.12 An employee shall be entitled to annual leave, and sick leave (and, where relevant, family leave) in terms of clauses 7.1, 7.2 and 7.5. Such entitlements shall be calculated proportionate to the average number of ordinary hours worked each week.

4.3.13 Subject to the principal Bereavement Leave provisions of this Award, when a part-time employee would normally work on either or both of the 2 working days following the death of a person who belongs to a class of person specified therein, the employee shall be entitled to be absent on bereavement leave on either or both of those 2 working days without loss of pay for the day or days concerned.

4.3.14 A part-time employee shall be entitled to the full provisions prescribed for permanent employees under clause 4.4 (Termination of Employment), clause 4.5 (Introduction of Changes), and clause 4.6 (Redundancy).

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