Part-Time Hours of Work

Understand what part-time work actually means and its implications for your business and employees.

Part-Time employment is defined in the Vehicle Repair, Services and Retail Award 2020 (the Award) as an employee who:

(a) is engaged to work less than 38 ordinary hours per week;

(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 who do the same kind of work.

At the time of engagement, the employer and the part-time employee will agree in writing on the following:

(a) the hours worked each day;

(b) which days of the week the employee will work;

(c) the actual starting and finishing times each day;

(d) that any variation must be in writing;

(e) all time worked in excess of agreed hours is paid at overtime rates; and

(f) the times of taking and the duration of meal breaks.

Once a Part-Time employee’s roster is agreed and written in the employment contract, as required under the Award, all time worked in excess of the hours agreed are required to be paid as overtime.

For example:

Fiona works 22.8 hours per week as a Part-Time service receptionist, equating to 7.6 hours over 3 days in the week (Monday-Wednesday). If Fiona is asked to work a Thursday, technically the whole day would be paid as overtime. In this situation, Fiona would be paid 150% for the first 3 hours and 200% thereafter for her additional day of work.

This, of course, does not allow much room for flexibility for either party. The only way the agreed hours can be changed is for the employee to agree to a variation in rostered hours. Members are reminded that any agreement to vary the contracted hours of a Part-Time employee must be done so in writing. Generally, a true variation of agreed hours would be done for long term scenarios where the employee is required to cover another employee’s position due to long term sickness, parental leave, jury duty etc.

However, there may be circumstances where the employee agrees to work additional hours or days as required in order to obtain extra hours. If they are aware that an agreement to vary the hours means that they will not be paid overtime rates for any agreed additional hours, both parties may agree in writing to this variation. An email or text message may suffice as a sensible option in some situations. Employers could also add a clause in the employment contract to reflect this ongoing agreement. For example:

“You and the Employer agree that your actual number of ordinary hours per week may vary between 20 and 37.5 and will be agreed in writing prior to the variation being made.”

Overtime will still be required when working beyond 10 ordinary hours in a day or more than 37.5 hours per week.

Another important factor to remember is that with any variation to the agreed hours of work, the ordinary hours of that employee will be adjusted and annual leave and sick leave will accrue on the new ordinary hours for the period of the variation.

For more assistance in this area, to obtain a template Part-Time contract or if you have any questions relating to this, please contact the MTA Workplace Relations Team on (08) 8291 2000 or email wr@mtasant.com.au 

Eftpos Facilities

The MTA offers ultra-competitive EFTPOS transaction rates for members through our partnership with Commonwealth Bank. Please email mta@mtasant.com.au  and we will put you in touch with a CBA business banking representative.

Employee Assistance

Services to MTA members at the sessional rate of $145 plus GST (discounted rate) plus a small retainer to cover promotional materials etc. Convenient locations include: Adelaide, Bedford Park, Christies Beach, Salisbury, Mount Barker and Murray Bridge. Phone, Zoom and face-to-face appointments available.

Environmental Advice

MTA members can benefit from environmental compliance advice, briefings, training and on-site assessments. GreenStamp is an accreditation program that recognises and promotes businesses which have implemented sound environmental practices.

Office Supplies

The Officeworks partnership gives business pricing only available to MTA members on a wide range of office essentials. By signing up to a 30 Day Business Account you will receive free delivery across South Australia including regional areas (excluding large or bulky items).

Parts Buying

Capricorn Society Limited is the largest independent automotive parts buying co-operative in Australia, providing the majority of parts and services to mechanical workshops, service stations and crash repairers throughout the country. Call toll free to find out how you can save your business both time and money. Pay your membership through Capricorn!

PRINTING & GRAPHIC DESIGN

MTA Print is your one stop shop when it comes to your printing needs – we are more than just business cards! We are small run digital & offset specialists, with services including motor trades stock stationery, forms & products, printing, digital advertising and social media, special product sourcing (you ask, we find), books, pads, sequential numbering and perforation for invoice books, job cards, flyers, stickers (service & lube as well), booklets and training manuals. MTA members get a 20% discount on all products.

SUPERANNUATION

Spirit Super is the national industry-based super fund that has proudly served the motor trades and allied industries for over 25 years. We make administering super simple and efficient. It’s what makes us the preferred choice of over 40,000 employers. Call 1800 005 166 or visit spiritsuper.com.au/Employers/ support-for-your-business  You should consider the PDS in making a decision.

Apprentice Employment Services

When you host an apprentice through the MTA, you don’t have to worry about advertising, interviewing, medical checks or being the legal employer for the Contract of Training. We shortlist based on the criteria you set, meaning we’ll find you an apprentice that is right for your business. Forget WorkCover, payroll tax, annual leave, sick leave, training fees, wages and super - we’ll take care of that. And there’s more - MTA Field Officers also conduct regular workplace visits and contacts to ensure you and your apprentice have the support you need.

Workplace Compliance

The MTA can provide WHS & HR workplace inspections and provide recommendations and support to fill the gaps required.

Upskilling Training

MTA offers Upskilling courses to upgrade the skills of qualified automotive technicians. Courses include Air Conditioning, Forklift, Hybrid & Battery Electric Vehicles, Recognition of Prior Learning, SRS Airbags, and Wheel Alignment. Members receive a discounted price on courses.

WORKPLACE RELATIONS & IR TRAINING

MTA offers courses designed to help manage staff, ensure compliance, navigate the complex regulatory environment and tackle difficult workplace issues. Courses include: WHS and Safe Work Compliance | Performance Management | Misconduct Investigations and Discipline | Paying Staff Correctly | Debt Recovery | Consumer Law | Emergency Fire Warden Training | Members receive a discounted price on courses.

Commonwealth Bank

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Access Programs Employee Assistance Program 8215 6799 accesssa.com.au  GreenStamp 8291 2000 wr@mtasant.com.au 

Officeworks officeworks.com.au/campaigns/ mtasa  Capricorn 1800 EASIER (1800 327 437)

MTA Print 8179 9907 orders.mta@laneprint.com.au 

Spirit Super 1800 005 166 spiritsuper.com.au 

MTA Group Training Organisation 8241 0522 adminroyalpark@mtasant.com. au 

MTA Audits 8291 2000 wr@mtasant.com.au 

MTA Registered Training Organisation 8241 0522 adminroyalpark@mtasant.com.au 

MTA Training 8291 2000 wr@mtasant.com.au 