Part-time Employees and Flexible Hours of Work

The main agricultural awards now provide that when a part-time employee commences work with an employer the employer is obliged to provide the employee with a breakdown of the days the employee will be required and the proposed start and finish times each day. The award further provides that if an employee works outside those set days or hours, then overtime is payable.

Obviously, this does not suit most businesses as things can happen that mean the employee is required for longer hours, or on different days, particularly during busy times of the year.

There is provision for the hours and days to be varied by mutual agreement, but this requires consultation and consent, not just telling an employee that their working hours are changing.

When seeking to alter an employee’s ordinary hours, most modern awards require that you consult with the employee. Consultation may involve:

• informing the employee about the nature of the change and when it will take effect;

• providing the employee with sufficient opportunity to communicate their views about the proposed change; and

• considering any views given.

Each change in the arrangements you have with a part-time employee should be recorded in writing.

This creates a bureaucratic nightmare.

All awards now provide for individual flexibility agreements whereby the employer and employee can agree to have flexible working arrangements in relation to

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

Tying the hours of work to a roster, or an employee signing a timesheet with the changes in hours may be a way to avoid the strict original contractual hours.

Andrew can discuss this with you if you need to have flexibility for your part-time staff.