Permanent Part time Hours not specified in Contract

[Amy78]

Hi everyone,

Just had new owners take over our centre. They gave us contracts to sign that just say, you will get a minimum of 15 hours up to 38 hours. Of course we signed them because we want to keep our jobs. This is for Permanent Part time staff. We get a roster on a Monday or Tuesday for the following week and so far our days, hours and shifts have been different each week. Our award says that part time staff should have days, hours and shifts specified in their contract.
It is very unsettling to not know how much work we'll get. Makes budgeting very tricky. Feels like being a casual Just wondering if this is ok ? What do other people's contracts say ?

Any advise gratefully received !!!

Thanks
Amy

[Butterflyblue]

Hi Amy,
I think you're right, according to fair work you need to be told your hours and days as part time employee.
They are also supposed to consult you before making changes.
Maybe there's a loophole or I've missed something?

https://www.fairwork.gov.au/employee-en ... #2073-2086

In case no one else replies you can:
- ask either a manager or director to clarify - show them the award
- contact your HR department
- notify the ombudsmen or ask fair work for advice, you have rights and seeking help is one of those

Hope that's of some use!

[Amy78]

Thanks Butterfly Blue

This is how the contract is worded, which I suspect is the loophole !! All centres that have rotating rosters would be using this or they would be in breach of the award I think.

"start and finish times each day or the days on which you work may be varied from time to time to suit our operational needs. You will be provided with as much notice as possible of any changes"

They basically have a casual workforce contracted as permanent part time. I don't think it's just our industry that suffers from this insecurity.

Thanks again for your help

[Cliffo1]

Im an employer and I have always been under the impression that permanent part time employees need to have their hours and days specified. I have had our contracts written by a legal firm and it asks me to specify the hours and days my permanent part time employees will be employed for. It doesn't mean they couldn't do over time or work additional hours if they agreed to but that is what they must have and work as a minimum (Ours only work what is in their contract). Our permanent staff work rotating rosters so they share the open and closes etc but our permanent part timers are all on set shifts and days and we cant change that as its specified in their contract. I have heard of other centres that have done it the way that yours is but I have never been able to figure out how they can do this legally.

This is from Fair work:
A part-time employee:
works, on average, less than 38 hours per week
usually works regular hours each week *******
is a permanent employee or on a fixed-term contract.

[Amy78]

Just checked into Forum again Thanks Cliffo1
Its great to get an employer's view. It's a really tricky one, as if we question it, will we be penalised?
I don't understand how it's legal either