Part Time Employment Agreement

All employees should have a written employment agreement and it is important to clearly document in writing the agreement between yourself and your employee. A Part Time Employment Agreement is a great way for you to lay out the terms, expectations, and responsibilities of a permanent employee who is working on a part time basis.

This agreement ensures that you cover legal provisions such as remuneration, bonus, share scheme, expenses, motor vehicle benefits and many more. This Part Time Employment Agreement complies with employment law under the Fair Work Act 2009 (Cth) and the National Employment Standards (NES).

What constitutes Part Time Employment?

Part Time Employment is a type of employment where the hours are set and stipulated, but the hours worked are not on a full time basis. For an employee to meet the legal definition of ‘Part Time’, there needs to be ‘regular pattern of hours’ of work, or work performed on a ‘reasonably predictable basis’. Employees whose hours do not meet this definition can be considered casual employees. Conversely, if an employee works full time, they ordinarily work 38 hours per week on a continuing basis.

What’s the Difference between Part Time and Casual Employment?

Although Part Time and Casual Employment may look similar in that they both work less hours than someone on a full time contract, they are very different. Part Time employees, similar to Full Time employees, have leave entitlements such as paid sick leave and annual leave. Casual employees have no such rights, and any leave taken is usually unpaid (although they tend to be paid a higher hourly rate). Casual employment can also be terminated by an employer or employee at any time without notice.

Recent legal developments have meant that employees who are employed on a casual basis now have the right to request a Part Time contract after 12 months. An employer can only refuse if there are ‘reasonable business grounds’ to do so.

Use this Part Time Employment Agreement if:

• You are hiring an employee on a permanent part time basis (not under a fixed term contract) and want to clearly set out the rights and obligations of both the employer and the employee
• You want to formalise your hire
• You want your employee to have peace of mind by having an employment contract
• You want to protect your business's information and trade secrets 

What does the Part Time Employment Agreement cover?

• Position, duties, and working hours;
• Employee obligations;
• Term of employment;
• Remuneration, bonus, share scheme, superannuation;
• Probation period, notice period, leave and termination provisions;
• Expenses, motor vehicle benefits;
• Policies and procedures;
• Confidentiality provision;
• Non solicit provisions;
• Intellectual property provision; and
• Severability, variation, jurisdiction.

Other names for a Part Time Employment Agreement include:

• Part Time Employment Contract (Long Form);
• Employment Agreement (Part Time); and
• Employment Contract (Part Time). 

Other documents you may need:

• Employment Agreement (Casual)
• Discrimination Policy
• Grievance Policy
• Harassment and Bullying Policy

Further information

• 4 Things You Should Know Before Preparing an Employment Agreement
• Do Casual Employees Have Leave Entitlements?
• What's The Small Business Fair Dismissal Code?
• Quick Tips: Legal Documents for Mobile Apps
• Some Helpful Tips For Hiring Your First Employee
• Can Employers Use Social Media To Vet Job Applicants?