H.7    Flexible part-time employment

While Schedule H is in operation and subject to written agreement between an employee and their employer in accordance with clause H.7.2, the following provisions will, in relation to that employee, operate instead of clause 12 of the award until [insert date 3 months from the Date of Operation]:

H.7.1   A part time employee is an employee who:

 (a)    Works at least 8 but less than 38 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.

H.7.2   The employer and the part-time employee will agree in writing upon:

 (a)  The number of hours of work which are guaranteed to be provided and paid to the employee each week or, where the employer operates a roster, the number of hours of work which are guaranteed to be provided and paid to the employee over the roster cycle (the guaranteed minimum hours); and

 (b)    The days of the week, and the periods in each of those days, when the employee will be available to work the guaranteed minimum hours (the employee’s agreed availability).

H.7.3   The employer and the employee must have genuinely made the agreement mentioned in clause H.7.2 without coercion or duress.

H.7.4   An agreement made under clause H.7.2 is not valid unless:

(a) the employee is also advised in writing that the employer consents to a dispute about the operation of this clause H.7 being settled by the Fair Work Commission through arbitration in accordance with clause 9.5—Dispute Resolution and section 739(4) of the Act; and

(b) the agreement is made for reasons attributable to the COVID-19 pandemic or Government initiatives to slow the transmission of COVID-19 and is necessary to assist the employer to avoid or minimise the loss of employment.

H.7.5   The employee must not be rostered to work less than 3 consecutive hours in any shift.

H.7.6   The guaranteed minimum hours shall not be less than 8 hours per week

H.7.7   Any change to the guaranteed minimum hours may only occur with written consent of the part-time employee.

H.7.8   An employee may be offered ordinary hours in addition to the guaranteed minimum hours (additional hours) within the employee’s agreed availability. The employee may agree to work those additional hours provided that:

 (a)    The additional hours are offered in accordance with clause 25 – Hours of work and clause 26 – Overtime;

 (b)    The employee may not be rostered for work outside of the employee’s agreed availability;

 (c)    agreed additional hours are paid at ordinary rates (including any applicable penalties payable for working ordinary hours at the relevant times);

 (d)    An employee will accrue entitlements such as annual leave and personal/carer’s leave on agreed additional hours worked;

 (e)    The agreement to work additional hours may be withdrawn by a part-time employee with 14 days written notice;

 (f)     The employee can refuse to work additional hours when offered on any occasion;

 (g)    Additional hours worked in accordance with this clause are not overtime; and

 (h)    Where there is a requirement to work overtime in accordance with clause 26, overtime rates will apply.

H.7.9   A part-time employee who immediately prior to the 19 May 2020 has a written agreement with their employer for a regular pattern of hours is entitled to continue to be rostered in accordance with that agreement, unless that agreement is replaced by a new written agreement made in accordance with clause H.7.2. If a part-time employee agrees to such a change, they shall, beyond Schedule H ceasing operation, revert to the previously agreed regular pattern of hours.

H.7.10      If an employee is first employed as a part-time employee during the operation of Schedule H, their employment beyond Schedule H ceasing operation will be on a casual basis unless:

 (a)    the employer and employee agree that the employee will be engaged on a part-time basis beyond this period, and

 (b)    the employer and employee reach agreement in writing on the matters identified in with clause 12.