New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 79

79 Application of industrial instruments

(1) Application generally Part-time work under this Part is to be in accordance with the provisions of the industrial instrument applicable to the work concerned, except where the provisions do not have effect or are modified because of this section.

(2) Application pro rata To the extent that any such provision of the industrial instrument is based on an employee engaged on a full-time basis, the provision is to apply pro rata to part-time work under this Part.

(3) Commission to make State decision on part-time work A Full Bench of the Commission is required to make a State decision under Part 3 relating to part-time work by employees covered by industrial instruments and to set, by that decision, minimum conditions of employment to which part-time work agreements under this Part are to be subject. The minimum conditions must include minimum and maximum hours of work and other relevant conditions of employment.

(4) Inconsistent provisions Any of the following provisions of an industrial instrument has, except to the extent that it is identified as a minimum condition by any such State decision, no effect if it would prevent an employee working part-time under this Part--

(a) a provision limiting the number of employees who may work part-time,

(b) a provision establishing quotas as to the ratio of part-time to full-time employees,

(c) a provision prescribing a minimum or maximum number of hours a part-time employee may work.