The hours of permanent employees are predictable. The difference between full-time and part-time employees is the number of hours they work. Both categories of employee receive the same remuneration, annual, sick and long service leave but for the part-time employee, it is on a pro-rata basis.
R.P. Emery & Associates also has a ‘Part-time Employment Kit’ available for purchase if that type of agreement best meets your specific requirements.
Permanent employees must have their contract of employment brought to an end at the employer’s initiative with some compensation in the form of severance pay. Permanent (including full-time and part-time) employees are classified differently to casual workers. Casual employees work irregular hours and receive fewer entitlements.
What entitlements are there under the National Employment Standards?
The National Employment Standards (NES) are set out in the Fair Work Act 2009 (Cth) and comprise 11 minimum standards of employment. All contracts of employment, whether or not they are based on an award, have to cover the NES. Together with pay rates in your award (if applicable) and minimum wage orders, the NES makes up the safety net that cannot be altered to the disadvantage of the employee. The entitlements are:
- The maximum weekly hours of work are 38 hours per week, plus reasonable additional hours;
- The employee may request flexible working arrangements if he or she is a parent or carer of a child under school age or of a child under 18 with a disability, to assist with the child’s care;
- The employee may request parental leave and related entitlements of up to 24 months unpaid leave and he or she can request adoption related leave, after 12 months’ continuous service;
- Annual leave entitlements are 4 weeks paid leave per year. A 5 week leave entitlement may apply, if the employee works overtime or shift work at ordinary rates. Annual leave accrues on a pro rata basis and is cumulative. Annual leave is to be taken at times agreed with the company;
- The employee is entitled to 10 days paid personal/carer’s leave, 2 days unpaid carer’s leave as required, and 2 days bereavement leave in each year. This is pro-rata for part-timers and casuals;
- There are community service leave entitlements, including unpaid leave for voluntary emergency activities and leave for jury service, with an entitlement to be paid for up to 10 days for jury service;
- The employee is entitled to long service leave in accordance with the uniform national long service leave standard;
- The employee is entitled to a paid day off on a public holiday, except where reasonably requested to work;
- The employee is entitled to up to 4 weeks notice of termination (5 weeks if the employee is over 45 and has at least 2 years of continuous service) and up to 16 weeks redundancy pay, based on length of service;
- New employees are entitled to receive the Fair Work Information Statement.
Ensure your Full-time employees are aware of their employment status and avoid any misunderstanding by defining each parties rights with a Compliant Full-time Employment Agreement.