Industrial Relations Commission of NSW

Part-time work agreements

Part-time work is work where employees work less hours of work than full-time employees under the relevant award or enterprise agreement, other than casual work. Employees working part-time are considered permanent employees.

Part 5 (s.73-82) of the Industrial Relations Act 1996 

Part-Time Work Agreement Forms

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An employee may work part-time with the agreement of the employer. This agreement is known as a part-time work agreement (PTWA). 

If the relevant award or enterprise agreement contains provisions for part-time work which are suitable to the employee and the employer's needs, there is no need to enter into a PTWA. 

A PTWA may be made prior to the employee starting work with the employer.

A PTWA must be in writing and signed by both the employer and employee. 

  A PTWA must include the following: 

  • The entitlement of the employee to work part-time
  • The number of hours and days to be worked by the employee
  • The starting and finishing times for the work
  • The classification applying to the employee's work
  • The employee's right (if any) to return to full-time work 

The employer must: 

  • Keep a copy of the PTWA on file during the period of the part-time work
  • Give a copy of the PTWA to the employee immediately after it is made
  • Send a copy to the Industrial Registrar of the Industrial Relations Commission within one month of the PTWA being made. 

A PTWA may be limited to a specific period(s) of part time employment but need not be limited. 

A PTWA may be changed by making another written agreement between the employee and the employer.

An employer may ask an employee working part-time to work more hours than agreed to under the PTWA but the employer cannot require an employee to do so. 

Employees under a PTWA are entitled to the same benefits as full-time employees under the relevant award or enterprise agreement calculated on a pro-rata basis.

An employee working under a PTWA has the same rights in relation to unfair dismissal as full-time employees.

Last updated:

03 Apr 2023

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